MEDICINAL CANNABIS

KRS tit. XVIII, ch. 218B

in effect

KRS 218B.010 Definitions for chapter

218B.010. Definitions for chapter For the purposes of this chapter, unless the context otherwise requires: (1) "Bona fide practitioner-patient relationship" means a treating or consulting relationship, during the course of which a medicinal cannabis practitioner has: (a) Completed an initial in-person examination and assessment of the patient's medical history and current medical condition which shall include a review of: 1. The patient's medical records for the previous twelve (12) months; 2. All other available medical records relevant to the patient's qualifying medical condition; 3. Any medications that the patient is currently taking; and 4. Any other possible risks or side effects that may be associated with the use of medicinal cannabis; (b) Consulted with the patient with respect to the possible medical, therapeutic, and palliative properties of medicinal cannabis; (c) Advised the patient of the possible risks and side effects associated with the use of medicinal cannabis, including possible interactions between medicinal cannabis and any other drug or medication that the patient is taking at that time; and (d) Established an expectation that he or she will provide follow-up care and treatment to the patient in accordance with administrative regulations promulgated pursuant to KRS 218B.050(10); (2) "Cabinet" means the Cabinet for Health and Family Services; (3) "Cannabis business" means an entity licensed under this chapter as a cultivator, dispensary, processor, producer, or safety compliance facility; (4) "Cannabis business agent" means a principal officer, board member, employee, volunteer, or agent of a cannabis business; (5) "Cardholder" means: (a) A registered qualified patient, designated caregiver, or visiting qualified patient who has applied for, obtained, and possesses a valid registry identification card issued by the cabinet; or (b) A visiting qualified patient who has obtained and possesses: 1. A valid out-of-state registry identification card; and 2. Documentation of having been diagnosed with a qualifying medical condition; (6) "Cultivator" means an entity licensed as such under KRS 218B.080, 218B.085, and 218B.090; (7) "Cultivator agent" means a principal officer, board member, employee, volunteer, or agent of a cultivator; (8) "Designated caregiver" means a person who has registered as such with the cabinet under KRS 218B.055 and 218B.060; (9) "Dispensary" means an entity licensed as such under KRS 218B.080, 218B.085, and 218B.090; (10) "Dispensary agent" means a principal officer, board member, employee, volunteer, or agent of a dispensary; (11) "Disqualifying felony offense" means: (a) A felony offense that resulted in the person being classified by the Department of Corrections as a violent offender under KRS 439.3401; or (b) A violation of a state or federal controlled substance law that was classified as a felony in the jurisdiction where the person was convicted, except: 1. An offense for which the sentence, including any term of probation, incarceration, or supervised release, was completed five (5) or more years earlier; or 2. An offense that, as determined by the cabinet, consisted of conduct for which this chapter would likely have prevented a conviction, but the conduct either occurred prior to the enactment of this chapter or was prosecuted by an authority other than the Commonwealth of Kentucky; (12) "Enclosed, locked facility" means an indoor growing space such as a room, greenhouse, building, or other indoor enclosed area that is maintained and operated by a cultivator or producer and is equipped with locks and other security devices that permit access only by authorized agents of the cultivator or producer, as required by the cabinet; (13) "Growth area" has the same meaning as an enclosed, locked facility; (14) "Marijuana" has the same meaning as in KRS 218A.010; (15) "Medicinal cannabis": (a) Means marijuana as defined in KRS 218A.010 when cultivated, harvested, processed, produced, transported, dispensed, distributed, sold, possessed, or used in accordance with this chapter; (b) Includes medicinal cannabis products and raw plant material; and (c) Does not include industrial hemp or industrial hemp products as defined in KRS 260.850; (16) "Medicinal cannabis accessories" means any equipment, product, or material of any kind which is used, intended for use, or designed for use in the preparing, storing, using, or consuming medicinal cannabis in accordance with this chapter; (17) "Medicinal cannabis practitioner" means a physician or an advanced practice registered nurse who is authorized to prescribe controlled substances under KRS 314.042, who is authorized by his or her state licensing board to provide written certifications pursuant to KRS 218B.050; (18) "Medicinal cannabis product": (a) Means any compound, manufacture, salt, derivative, mixture, or preparation of any part of the plant Cannabis sp., its seeds or its resin; or any compound, mixture, or preparation which contains any quantity of these substances when cultivated, harvested, processed, produced, transported, dispensed, distributed, sold, possessed, or used in accordance with this chapter; and (b) Does not include industrial hemp products as defined in KRS 260.850; (19) "Minor" means a person less than eighteen (18) years of age; (20) "Out-of-state registry identification card" means a registry identification card, or an equivalent document, that was issued pursuant to the laws of another state, district, territory, commonwealth, or insular possession of the United States; (21) "Processor" means an entity licensed as such under KRS 218B.080, 218B.085, and 218B.090; (22) "Processor agent" means a principal officer, board member, employee, volunteer, or agent of a processor; (23) "Producer" means an entity licensed as such under KRS 218B.080, 218B.085, and 218B.090; (24) "Producer agent" means a principal officer, board member, employee, volunteer, or agent of a producer; (25) "Qualified patient" means a person who has obtained a written certification from a medicinal cannabis practitioner with whom he or she has a bona fide practitioner- patient relationship; (26) "Qualifying medical condition" means: (a) Any type or form of cancer regardless of stage; (b) Chronic, severe, intractable, or debilitating pain; (c) Epilepsy or any other intractable seizure disorder; (d) Multiple sclerosis, muscle spasms, or spasticity; (e) Chronic nausea or cyclical vomiting syndrome that has proven resistant to other conventional medical treatments; (f) Post-traumatic stress disorder; and (g) Any other medical condition or disease for which the Kentucky Center for Cannabis established in KRS 164.983, or its successor, determines that sufficient scientific data and evidence exists to demonstrate that an individual diagnosed with that condition or disease is likely to receive medical, therapeutic, or palliative benefits from the use of medicinal cannabis; (27) "Raw plant material": (a) Means the trichome-covered part of the female plant Cannabis sp. or any mixture of shredded leaves, stems, seeds, and flowers of the Cannabis sp. plant; and (b) Does not include plant material obtained from industrial hemp as defined in KRS 260.850; (28) "Registered qualified patient" means a qualified patient who has applied for, obtained, and possesses a valid registry identification card issued by the cabinet; (29) "Registry identification card" means a document issued by the cabinet that identifies a person as a registered qualified patient, visiting qualified patient, or designated caregiver; (30) "Safety compliance facility" means an entity licensed as such under KRS 218B.080, 218B.085, and 218B.090; (31) "Safety compliance facility agent" means a principal officer, board member, employee, volunteer, or agent of a safety compliance facility; (32) "Seedling" means a medicinal cannabis plant that has no flowers and is not taller than eight (8) inches; (33) "Serious violation" means: (a) Any violation of this chapter or any administrative regulation promulgated thereunder that is capable of causing death or which causes serious and prolonged disfigurement, prolonged impairment of health, or prolonged loss or impairment of the function of any bodily organ; (b) The diversion of medicinal cannabis for use not regulated pursuant to this chapter; or (c) Any act that would constitute a violation of KRS 218A.1421; (34) "Smoking" means the inhalation of smoke produced from the combustion of raw plant material when ignited by a flame; (35) "State licensing board" means: (a) The Kentucky Board of Medical Licensure; or (b) The Kentucky Board of Nursing; (36) "Telehealth" has the same meaning as in KRS 211.332; (37) "Use of medicinal cannabis": (a) Includes the acquisition, administration, possession, transfer, transportation, or consumption of medicinal cannabis or medicinal cannabis accessories by a cardholder in accordance with this chapter; and (b) Does not include: 1. Cultivation of marijuana by a cardholder; 2. The use or consumption of marijuana by smoking; or 3. The use of industrial hemp or industrial hemp products as defined in KRS 260.850; (38) "Visiting qualified patient" means a person who has registered as such through the cabinet as required under this chapter or who possesses a valid out-of-state registry identification card and documentation of having been diagnosed with a qualifying medical condition; and (39) "Written certification" means a document dated and signed by a medicinal cannabis practitioner, that: (a) States, that in the medicinal cannabis practitioner's professional medical opinion, the patient may receive medical, therapeutic, or palliative benefit from the use of medicinal cannabis; (b) Specifies the qualifying medical condition or conditions for which the medicinal cannabis practitioner believes the patient may receive medical, therapeutic, or palliative benefit; and (c) Affirms that the medicinal cannabis practitioner has a bona fide practitioner- patient relationship with the patient. Effective: April 17, 2024 History: Amended 2024 Ky. Acts ch. 195, sec. 1, effective April 17, 2024. -- Created 2023 Ky. Acts ch. 146, sec. 1, effective June 29, 2023. Legislative Research Commission Note (6/29/2023). Although the medicinal cannabis program established by 2023 Ky. Acts ch. 146, secs. 1 to 30, was originally drafted as new sections of KRS Chapter 218A, KRS Chapter 218B was created during codification to contain the subject.

KRS 218B.015 Construction of chapter -- Applicability

218B.015. Construction of chapter -- Applicability (1) Nothing in this chapter shall be construed as applying to industrial hemp or industrial hemp products as defined in KRS 260.850. (2) Notwithstanding any provision of law to the contrary, and except as provided in subsections (3) and (4) of this section and KRS 218B.035: (a) The use of medicinal cannabis by a cardholder shall be considered lawful if done in accordance with this chapter and any administrative regulations promulgated thereunder; (b) The acquisition, blending, cultivation, delivery, distributio n, manufacturing, manipulation, packaging for sale, preparation, possession, sale, testing, transportation, or transfer of medicinal cannabis or medicinal cannabis accessories by a cannabis business or cannabis business agent shall be considered lawful if done in accordance with this chapter and any administrative regulations promulgated thereunder; (c) A registered qualified patient or visiting qualified patient shall not be considered to be under the influence of medicinal cannabis solely because of the presence of tetrahydrocannabinol metabolites, including but not limited to the cannabinoid carboxy THC, which is also known as THC -COOH; (d) A medicinal cannabis practitioner shall not be subject, under the laws of the Commonwealth, to arrest, prosecution, or penalty in any manner, or denied any right or privilege, including but not limited to a civil penalty or disciplinary action by a state licensing board or by any other occupational or professional licensing board, solely for providing written certificat ions or for otherwise stating that, in the medicinal cannabis practitioner's professional opinion, a patient may receive medical, therapeutic, or palliative benefit from the use of medicinal cannabis, if done in accordance with this chapter; (e) An attorney shall not be subject, under the laws of the Commonwealth, to arrest, prosecution, or penalty in any manner, or denied any right or privilege, including but not limited to a civil penalty or disciplinary action by the Kentucky Court of Justice, Kentucky B ar Association, or by any other professional licensing board, solely for providing an individual or cannabis business with legal assistance related to activity that is no longer subject to criminal penalties under state law pursuant to this chapter; and (f) No person shall be subject, under the laws of the Commonwealth, to arrest, prosecution, or penalty in any manner, or denied any right or privilege, including but not limited to a civil penalty or disciplinary action by an occupational or professional licensing board, solely for providing assistance or services, including but not limited to accounting services, financial services, security services, or business consulting services, to any individual or cannabis business related to activity that is no longe r subject to criminal penalties under state law pursuant to this chapter. (3) Nothing in subsection (2) of this section shall be construed or interpreted to: (a) Prohibit the arrest, prosecution, or imposition of any other penalty arising from but not limited to breach of contract, breach of fiduciary duty, negligence, or engaging in criminal activity that would constitute a felony or misdemeanor; or (b) Prevent a medicinal cannabis practitioner from being subject to administrative penalties imposed by his or her state licensing board for any violation of this chapter or any administrative regulation promulgated thereunder. (4) Notwithstanding subsection (2) of this section and any other provision of law to the contrary, a cardholder who is licensed under KRS Chapter 311 or KRS Chapter 314 may be subject to intervention or disciplinary action by his or her state licensing board if: (a) There is probable cause to believe that the cardholder has become impaired by, or otherwise abused, medicinal cannabis; or (b) The cardholder has a medically diagnosable disease that is characterized by chronic, habitual, or periodic use of medicinal cannabis resulting in interference with the cardholder's professional, social, or economic functions in the community or the loss of powers of self-control regarding the use of medicinal cannabis. Effective: July 1, 2024 History: Created 2023 Ky. Acts ch. 146, sec. 2, effective July 1, 2024. Legislative Research Commission Note (4/17/2024). The effective date of the creation of this statute in 2023 Ky. Acts ch. 146, sec. 2, was changed from January 1, 2025, to July 1, 2024, in 2024 Ky. Acts ch. 195, sec. 24.

KRS 218B.020 Board of Physicians and Advisors -- Membership -- Duties -- Reporting requirements

218B.020. Board of Physicians and Advisors -- Membership -- Duties -- Reporting requirements (1) The Cabinet for Health and Family Services is hereby charged with the implementation, operation, oversight, and regulation of the medicinal cannabis program established in this chapter. (2) There is hereby established within the cabinet a Board of Physicians and Advisors which shall consist of the following members: (a) Seven (7) physicians appointed by the Kentucky Board of Medical Licensure and confirmed by the Senate in accordance with KRS 11.160. In order to be eligible to be appointed to the board, a physician shall be authorized, pursuant to KRS 218B.050, to provide written certifications for the use of medicinal cannabis and shall be certified by the appropriate board in one (1) of the following specialties: 1. Addiction medicine; 2. Anesthesiology; 3. Gastroenterology; 4. Infectious disease; 5. Neurology; 6. Obstetrics and gynecology; 7. Oncology; 8. Ophthalmology; 9. Optometry; 10. Pain management; 11. Pain medicine; 12. Pediatrics; 13. Physical medicine and rehabilitation; or 14. Psychiatry; (b) Two (2) advanced practice registered nurses appointed by the Kentucky Board of Nursing and confirmed by the Senate in accordance with KRS 1 1.160. In order to be eligible to be appointed to the board, an advanced practice registered nurse shall be authorized, pursuant to KRS 218B.050, to provide written certifications for the use of medicinal cannabis; and (c) One (1) pharmacist appointed by the Kentucky Board of Pharmacy and confirmed by the Senate in accordance with KRS 11.160. (3) Each member of the Board of Physicians and Advisors shall: (a) Serve for a term of four (4) years and until his or her successor is appointed and confirmed by the Senate; (b) Be eligible for reappointment; and (c) Serve without compensation, but each member of the board not otherwise compensated for his or her time or expenses shall be entitled to reimbursement for his or her actual and necessary expenses in carryin g out his or her duties with reimbursement for expenses being made in accordance with administrative regulations relating to travel expenses. (4) The Board of Physicians and Advisors shall not be subject to reorganization under KRS Chapter 12. (5) The Board of Physicians and Advisors shall: (a) Review and recommend to the cabinet protocols for determining: 1. The amount of medicinal cannabis or delta-9 tetrahydrocannabinol that constitutes a daily supply, an uninterrupted ten (10) day supply, and an uninterrupted thirty (30) day supply of medicinal cannabis for registered qualified patients and visiting qualified patients; and 2. The amount of raw plant material that medicinal cannabis products are considered to be equivalent to; (b) Review and recommend to the cabinet protocols, evolving continuous quality improvement metrics, and minimal performance standards for the biennial accreditation process of licensed cannabis businesses; (c) Review relevant peer-reviewed, scientific data related to the delta-9 tetrahydrocannabinol content limits established in KRS 218B.095(2)(b) and make recommendations to the General Assembly regarding revisions to the limits as the board deems appropriate; (d) Review relevant peer-reviewed, scientific data related to the various methods of use and consumption of medicinal cannabis and make recommendations to the General Assembly to approve or restrict certain methods as the board deems appropriate; (e) Review relevant peer-reviewed, scientific data related to the use of medicinal cannabis for medical, therapeutic, or palliative purposes and make recommendations to the General Assembly to add or remove conditions from the list of qualifying medical conditions defined in KRS 218B.010; (f) Perform other duties related to the use of med icinal cannabis upon request by the secretary of the cabinet; and (g) Assist the cabinet in developing the Medicinal Cannabis Advisory Pamphlet described in KRS 218B.140(2)(b). (6) No later than December 1 of each year beginning in 2024, the cabinet, in consultation with the University of Kentucky College of Medicine and the Kentucky Center for Cannabis, shall submit an annual report to the Legislative Research Commission. The report submitted by the cabinet shall, at a minimum, include: (a) The number of applications and renewals received by the cabinet for registry identification cards for registered qualified patients, visiting qualified patients, and designated caregivers, individually and collectively; (b) The number of applications and renewals for registry identification cards that were approved and denied by the cabinet; (c) The number of registry identification cards revoked by the cabinet for misconduct and the nature of the misconduct; (d) The number of medicinal cannabis practitioners authorized to provide written certifications; (e) The nature of the medical conditions for which medicinal cannabis practitioners have provided written certifications; (f) The number of applications and renewals received by the cabinet for cannabis business licenses, the number of cannabis business licenses issued for each business type and tier, and the number of cannabis business license applications and renewals that were denied by the cabinet; (g) The number of cannabis business agents employed by ea ch type of cannabis business; (h) An assessment of: 1. The ability of cardholders in all areas of the state to obtain timely affordable access to medicinal cannabis; 2. The evolving continuous quality improvement metrics and minimal performance standards for the biennial accreditation process of licensed cannabis businesses; 3. The effectiveness of the cultivators, processors, and producers licensed under this chapter, individually and collectively, in serving the needs of processors, dispensaries, and cardholders, the reasonableness of their fees, whether they are generating any complaints or security problems, and the sufficiency of the number operating to serve processors, dispensaries, and cardholders in the Commonwealth; 4. The effectiveness of the dispensaries licensed under this chapter, individually and collectively, in serving the needs of cardholders, including the provision of educational and support services, the reasonableness of their fees, whether they are generating any complaints or security problems, and the sufficiency of the number operating to serve cardholders in the Commonwealth; and 5. The effectiveness of the licensed safety compliance facilities licensed under this chapter, individually and collectively, in serving the needs of other cannabis businesses, including the provision of testing and training services, the reasonableness of their fees, whether they are generating any complaints or security problems, and the sufficiency of the number operating to serve other cannabis businesses and cardholders in the Commonwealth; (i) The amount of medicinal cannabis sold per month in the Commonwealth; (j) The total amount of revenue for each calendar year and aggregated by prior years generated from any cannabis business licensure and cardholde r application and renewal fees established by the cabinet; (k) The total cost of enforcement for the medicinal cannabis program at the time of the report, by city, county, and overall; (l) The sufficiency of the regulatory and security safeguards contained in this chapter and adopted by the cabinet through administrative regulations to ensure that access to and use of medicinal cannabis cultivated and processed in this state is provided only to cardholders; (m) Any recommended additions or revisions to this chapter or administrative regulations promulgated thereunder, including those relating to security, safe handling, labeling, and nomenclature; (n) The results of any scientific research studies regarding the health effects of cannabis; and (o) Any other data requested by the Legislative Research Commission relating to the medicinal cannabis program and this chapter. (7) The cabinet shall provide the University of Kentucky College of Medicine and the Kentucky Center for Cannabis established in KRS 164.983 with all information necessary to allow collaboration with the cabinet on the preparation of this report. The University of Kentucky College of Medicine and the Kentucky Center for Cannabis may also produce its own report regarding the medicinal cannabis program established in this chapter which, if produced, shall be submitted to the Legislative Research Commission upon completion. (8) The information contained in the report described in subsection (6) of this section shall be presented in a manner that complies with the federal Health Insurance Portability and Accountability Act, Pub. L. No. 104-191, and does not disclose any identifying information about cardholders or licensed cannabis businesses. Effective: April 17, 2024 History: Amended 2024 Ky. Acts ch. 195, sec. 2, effective April 17, 2024. -- Created 2023 Ky. Acts ch. 146, sec. 3, effective June 29, 2023.

KRS 218B.025 Registered and visiting qualified patients -- Designated caregivers -- Exemption from prosecution -- Limitations on amount of cannabis to be in possession

218B.025. Registered and visiting qualified patients -- Designated caregivers -- Exemption from prosecution -- Limitations on amount of cannabis to be in possession (1) A registered qualified patient, except as provided in subsection (2) of this section and KRS 218B.035, shall not be subject, under the laws of the Commonwealth, to arrest, prosecution, or denial of any right or privilege, including but not limited to a civil penalty or disciplinary action by a court or occupational or profess ional licensing board, for the use of medicinal cannabis, if the registered qualified patient does not possess more than: (a) An amount of medicinal cannabis determined by the cabinet to constitute an uninterrupted thirty (30) day supply at his or her resi dence; (b) An amount of medicinal cannabis in excess of a thirty (30) day supply at his or her residence, in accordance with administrative regulations promulgated pursuant to KRS 218B.140(1)(c)6.; or (c) An amount of medicinal cannabis determined by the c abinet to constitute an uninterrupted ten (10) day supply on his or her person, except that an amount greater than a ten (10) day supply may be transported by a registered qualified patient from a dispensary to his or her residence if the medicinal cannabi s is contained in a sealed package that requires at least a two (2) step process for initial opening. (2) A registered qualified patient who is under eighteen (18) years of age shall not be permitted to possess, purchase, or acquire medicinal cannabis and shall only engage in the use of medicinal cannabis with the assistance of a designated caregiver who is the registered qualified patient's parent or legal guardian responsible for providing consent for medical treatment. (3) A visiting qualified patient shall not be subject, under the laws of the Commonwealth, to arrest, prosecution, or denial of any right or privilege, including but not limited to civil penalty or disciplinary action by a court or occupational or professional licensing board, for the use o f medicinal cannabis, if the visiting qualified patient does not possess more than an amount of medicinal cannabis determined by the cabinet to constitute an uninterrupted ten (10) day supply on his or her person. (4) A designated caregiver shall not be subject, under the laws of the Commonwealth, to arrest, prosecution, or denial of any right or privilege, including but not limited to civil penalty or disciplinary action by a court or occupational or professional licensing board, for assisting a registered qualified patient to whom the designated caregiver is connected through the cabinet's registration process with the use of medicinal cannabis if the designated caregiver does not possess more than: (a) An amount of medicinal cannabis determined by the cab inet to constitute an uninterrupted thirty (30) day supply at his or her residence for each registered qualified patient to whom the caregiver is connected through the cabinet's registration process; (b) An amount of medicinal cannabis in excess of a thirt y (30) day supply at his or her residence for each registered qualified patient to whom the caregiver is connected through the cabinet's registration process, in accordance with administrative regulations promulgated pursuant to KRS 218B.140(1)(c)6.; or (c) An amount of medicinal cannabis determined by the cabinet to constitute an uninterrupted ten (10) day supply on his or her person for each registered qualified patient to whom the caregiver is connected through the cabinet's registration process, except that an amount greater than a ten (10) day supply may be transported by a designated caregiver from a dispensary to his or her residence if the medicinal cannabis is contained in a sealed package that requires at least a two (2) step process for initial op ening. (5) (a) All medicinal cannabis possessed by a cardholder outside of his or her residence shall be kept in the original container in which the cardholder received the medicinal cannabis from a dispensary. (b) When a cardholder possesses medicinal cannabis outside of his or her residence, the cardholder shall also be in possession of a valid registry identification card issued by the cabinet or, for visiting qualified patients, a valid out-of-state registry identification card and documentation of having been diagnosed with a qualifying medical conditi on. (6) Notwithstanding subsections (1), (3), and (4) of this section and except as provided in administrative regulations promulgated pursuant to KRS 218B.140(1)(c)6.: (a) A registered qualified patient shall not be permitted to purchase more medicinal cannabis than the amount determined by the cabinet to constitute an uninterrupted thirty (30) day supply of medicinal cannabis during a given twenty-five (25) day period; (b) A designated caregiver shall not be permitted to purchase more medicinal cannabis than the amount determined by the cabinet to constitute an uninterrupted thirty (30) day supply of medicinal cannabis for each registered qualified patient to whom the caregiver is connected through the cabinet's registration process during a given twenty -five (25) day period; and (c) A visiting qualified patient shall not be permitted to purchase more medicinal cannabis than the amount determined by the cabinet to constitute an uninterrupted ten (10) day supply of medicinal cannabis during a given eight (8) day period. (7) A cardholder shall not be subject, under the laws of the Commonwealth, to arrest, prosecution, or denial of any right or privilege, including but not limited to a civil penalty or disciplinary action by a court or occupational or professio nal licensing board, for: (a) Possession of cannabis that is incidental to the use of medicinal cannabis; (b) Possession of medicinal cannabis accessories; or (c) Transferring medicinal cannabis to a safety facility for testing. (8) No person shall be subject, under the laws of the Commonwealth, to arrest, prosecution, or denial of any right or privilege, including but not limited to a civil penalty or disciplinary action by a court or occupational or professional licensing board, for: (a) Selling medicinal cannabis accessories to a cardholder who is over eighteen (18) years of age upon presentation of a valid registry identification card issued by the cabinet or, for visiting qualified patients, a valid out-of-state registry identification card and documentation of having been diagnosed with a qualifying medical condition; (b) Being in the presence or vicinity of the use of medicinal cannabis as allowed under this chapter; or (c) Assisting a registered qualified patient or visiting qualified patient with using or administering medicinal cannabis. For purposes of illustration and not limitation, this includes preparing raw plant material or brewing tea for a registered qualified patient or visiting qualified patient. It does not include providing medicinal cannabis to a patient that the patient did not already possess. (9) Notwithstanding any other provision of law to the contrary, a registered qualified patient who is injured or defrauded, including by theft or deprivation of use and benefit of any money, personal property including medicinal cannabis, or articles of value of any kind, by his or her designated caregiver shall have a civil cause of action in Circuit Court to recover the actual damages sustained, together with the cost of the lawsuit, including a reasonable fee for the individual's attorney of record. Effective: January 1, 2025 History: Created 2023 Ky. Acts ch. 146, sec. 4, effective January 1, 2025.

KRS 218B.030 Seizure and forfeiture -- Probable cause -- Rebuttable presumption of lawful use

218B.030. Seizure and forfeiture -- Probable cause -- Rebuttable presumption of lawful use (1) (a) Any medicinal cannabis, medicinal cannabis accessories, lawful property, or interest in lawful property that is possessed, owned, or used in conn ection with the use of medicinal cannabis or acts incidental to that use shall not be subject to seizure or forfeiture under KRS 218A.405 to 218A.460. (b) This chapter shall not prevent the seizure or forfeiture of marijuana exceeding the amounts allowed under KRS 218B.025 or administrative regulations promulgated pursuant to KRS 218B.140(1)(c)6., nor shall it prevent seizure or forfeiture if the basis for that action is unrelated to the use of medicinal cannabis in accordance with this chapter and any admi nistrative regulation promulgated thereunder. (2) Possession of, or application for, a registry identification card, an out -of-state registry identification card, or cannabis business license shall not constitute probable cause or reasonable suspicion, nor shall it be used to support the search of the person, property, or home of the person possessing or applying for the registry identification card, out-of-state registry identification card, or cannabis business license. The possession of, or application for, a registry identification card, out -of- state registry identification card, or cannabis business license shall not preclude the existence of probable cause if probable cause exists on other grounds. (3) (a) There shall be a rebuttable presumption that a cardholder is engaged in the lawful use of medicinal cannabis, or in the case of a designated caregiver, assisting with the lawful use of medicinal cannabis, if the cardholder: 1. Possesses a valid registry identification card or, in the case of a visitin g qualified patient, an out -of-state registry identification card and documentation of having been diagnosed with a qualifying medical condition; and 2. Possesses an amount of medicinal cannabis that does not exceed the amount allowed under KRS 218B.025 or administrative regulations promulgated pursuant to KRS 218B.140(1)(c)6. (b) This presumption may be rebutted by a preponderance of evidence that conduct was unrelated to the use of medicinal cannabis or was otherwise in violation of this chapter. Effective: July 1, 2024 History: Created 2023 Ky. Acts ch. 146, sec. 5, effective July 1, 2024. Legislative Research Commission Note (4/17/2024). The effective date of the creation of this statute in 2023 Ky. Acts ch. 146, sec. 5, was changed from January 1, 2025, to July 1, 2024, in 2024 Ky. Acts ch. 195, sec. 24.

KRS 218B.035 Criminal prosecution and disciplinary actions not precluded -- Driving under the influence

218B.035. Criminal prosecution and disciplinary actions not precluded -- Driving under the influence (1) This chapter does not authorize any person to engage in, and shall not prevent the imposition of any civil, criminal, or other penalt ies, including but not limited to criminal prosecution or disciplinary action by the cabinet or an occupational or professional licensing board, for engaging in the following conduct: (a) Operating, navigating, or being in actual physical control of any ai rcraft, vehicle, vessel, or any other device known, or hereafter invented, that is powered by machinery and that is or may be used to transport persons or property while under the influence of medicinal cannabis; (b) Consuming medicinal cannabis while oper ating, navigating, or being in actual physical control of an aircraft, vehicle, vessel, or any other device known, or hereafter invented, that is powered by machinery and that is or may be used to transport persons or property; (c) Possessing medicinal cannabis that is within the operator's arm's reach or requires less than a two (2) step process to access while operating, navigating, or being in actual physical control of an aircraft, vehicle, vessel, or any other device known, or hereafter invented, that is powered by machinery and that is or may be used to transport persons or property; (d) Undertaking any task under the influence of medicinal cannabis, when doing so would constitute negligence or professional malpractice; (e) Possessing medicinal cannabis, or otherwise engaging in the use of medicinal cannabis: 1. On the grounds of any preschool or primary or secondary school, except as permitted in accordance with policies enacted pursuant to KRS 218B.045(4); 2. In any correctional facility; or 3. On any property of the federal government; (f) Using marijuana, if that person is not a registered qualified patient or visiting qualified patient; (g) Using or consuming marijuana by smoking; (h) Using or consuming marijuana by vaping while on any form of public transportation, in any public place as defined in KRS 525.010, or in any place of public accommodation, resort, or amusement as defined in KRS 344.130; or (i) Cultivating marijuana unless that person is licensed by the cabinet as a cannabis cultivator or cannabis producer pursuant to KRS 218B.080, 218B.085, and 218B.090 or is a cultivator or producer agent. (2) The penalty for a violation of subsection (1)(a) or (b) of this section shall be the same as those established for operating a motor vehicle under the influence of alcohol or any other substance in KRS 189A.010. (3) (a) An individual who violates subsection (1)(g) or (h) of this section shall not be considered to be in possession of medicinal cannabis or engaged in the use of medicinal cannabis and shall not benefit from the legal protections afforded by this chapter. (b) The odor or smell of uncombusted raw plant material shall not constitute evidence of use or consumption of cannabis by smoking. (c) If an individual uses or consumes marijuana by smoking or vaping while on any form of public transportation, in any public place as defined in KRS 525.010, or in any place of public accommodation, resort, or amusement as defined in KRS 344.130: 1. The cabinet may revoke the individual's registry identification card; and 2. The individual may be subject to prosecution under KRS 218A.1421 and 218A.1422. (4) Nothing in this chapter supersedes statutory laws relating to driving while under the influence of intoxicants. This chapter shall not prevent the enforcement of current laws pertaining to driving while intoxicated, including KRS 183.061, 189.520, 189A.010, and 235.240. (5) As used in this section: (a) "Aircraft" has the same meaning as in KRS 183.011; (b) "Vehicle" has the same meaning as in KRS 189.010; and (c) "Vessel" has the same meaning as in KRS 235.010. Effective: January 1, 2025 History: Amended 2024 Ky. Acts ch. 195, sec. 3, effective January 1, 2025. -- Created 2023 Ky. Acts ch. 146, sec. 6, effective January 1, 2025.

KRS 218B.040 Employer not required to permit or accommodate use

218B.040. Employer not required to permit or accommodate use (1) Nothing in this chapter shall: (a) Require an employer to permit or accommodate the use, consumption, possession, transfer, display, transportation, distribution, sale, or growing of medicinal cannabis in the workplace; (b) Prohibit an employer from implementing policies promoting workplace health and safety by: 1. Restricting the use of medicinal cannabis by employees; or 2. Restricting or prohibiting the use of equipment, machinery, or power tools by an employee who is a registered qualified patient, if the employer believes that the use of such equipment, machinery, or power tools by an employee who is a registered qualified patient poses an unreasonable safety risk; (c) Prohibit an employer from including in any contract provisions that prohibit the use of medicinal cannabis by employees; (d) Permit a cause of action against an employer for wrongful discharge or discrimination; (e) Except as provided in KRS 218B.045, prohibit a person, employer, corporation, or any other entity who occupies, owns, or controls a property from prohibiting or otherwise regulating the use, consumption, possession, transfer, display, transportation, sale, or growing of medicinal cannabis on or in that property; (f) Prohibit an employer from establishing and enforcing a drug testing policy, drug-free workplace, or zero-tolerance drug policy; or (g) Prohibit an employer from exercising his or her ability to determine impairment of an employee who is a cardholder. Good faith determinations of impairment permitted under this paragraph shall include behavioral assessments of impairment and a secondary step of testing an employee who is a cardholder for the presence of cannabis by an established method. If an employer determines, pursuant to KRS 218B.015(2)(c), that an employee who is a cardholder is impaired by the use of cannabis from the behavioral assessment and testing, the burden of proving non -impairment shall shift to the employee to refute the findings of the employ er. (2) An employee who is discharged from employment for consuming medicinal cannabis in the workplace, working while under the influence of medicinal cannabis, or testing positive for a controlled substance shall not be eligible to receive benefits under KRS Chapter 341, if such actions are in violation of an employment contract or established personnel policy. (3) An employer shall not be penalized or denied any benefit under state law for employing a cardholder. Effective: January 1, 2025 History: Created 2023 Ky. Acts ch. 146, sec. 7, effective January 1, 2025.

KRS 218B.045 Patient rights under state and local law -- Visitation and parenting time - - Medical care -- Schools -- Local board of education to establish policies

218B.045. Patient rights under state and local law -- Visitation and parenting time - - Medical care -- Schools -- Local board of education to establish policies (1) A registered qualified patient or visiting qualified patient who uses med icinal cannabis shall be afforded all the same rights under state and local law, including those guaranteed under KRS Chapter 344, as the individual would have been afforded if he or she were solely prescribed pharmaceutical medications as they pertain to drug testing required by any state or local law. (2) A cardholder otherwise entitled to custody of, or visitation time or parenting time with, a minor child shall not be denied that right, and there shall be no presumption of abuse, neglect, or dependency for conduct permitted under this chapter unless the person's actions in relation to medicinal cannabis created an unreasonable danger to the safety of the minor child as established by clear and convincing evidence. (3) (a) For the purposes of medical care, including organ transplants, a patient's authorized use of medicinal cannabis is the equivalent of the authorized use of any other medication used at the direction of a practitioner. (b) A health facility as defined in KRS 216B.015 may develop policies t o allow a patient who is a registered qualified patient or visiting qualified patient to use medicinal cannabis on the premises of the health facility. (4) (a) A school shall not refuse to enroll, or otherwise penalize, a person solely for his or her status as a cardholder, unless failing to do so would violate federal law or regulations and cause the school to lose a monetary or licensing -related benefit under federal law or regulations. (b) A school shall not be penalized or denied any benefit under state law for enrolling a cardholder. (c) Each local board of education, each board of directors of a public charter school, and the governing body of each certified nonpublic school shall, no later than December 1, 2024, establish policies related to the use o f medicinal cannabis by a pupil who is a registered qualified patient on school property. Policies enacted pursuant to this paragraph shall either prohibit the use of medicinal cannabis on school property or permit the use of medicinal cannabis on school property by a pupil who is a registered qualified patient as deemed necessary by the pupil's parent or legal guardian. If a local board of education, the board of directors of a public charter school, or the governing body of a certified nonpublic school enacts a policy to permit the use of medicinal cannabis by a pupil who is a registered qualified patient, that policy shall: 1. Require medicinal cannabis be administered: a. i. By a school nurse or under the supervision of appropriate school staff; or ii. By the parent or legal guardian of the pupil who is a registered qualified patient; and b. Out of view of other students; and 2. Include a process by which a school nurse or other school staff member may refuse to administer or supervise the administration of medicinal cannabis. Effective: January 1, 2025 History: Amended 2024 Ky. Acts ch. 195, sec. 4, effective January 1, 2025. -- Created 2023 Ky. Acts ch. 146, sec. 8, effective January 1, 2025.

KRS 218B.050 Written certification form -- Application process -- Renewals -- Bona fide practitioner-patient relationship -- Procedures -- Administrative regulations

218B.050. Written certification form -- Application process -- Renewals -- Bona fide practitioner-patient relationship -- Procedures -- Administrative regulations (1) Except as provided in subsection (11) of this section, a physician or an advanced practice registered nurse who is authorized to prescribe controlled substances under KRS 314.042 seeking to provide written certifications for the use of medicinal cannabis shall apply to the same state licensing board that issued his or her professional practice license, on a form prescribed by the state licensing board, for authorization to provide written certifications for the use of medicinal cannabis. (2) (a) A state licensing board shall approve an application for authorization to provide written certifications for the use of medicinal cannabis if the application is complete and meets the requirements established in administrative regulations promulgated by the state licensing board. (b) A state licensing board shall not authorize an application for au thorization to provide written certifications for the use of medicinal cannabis if the applicant has an ownership or investment interest in or compensation agreement with a cannabis business licensed under this chapter. A state licensing board may consult with the cabinet to determine if an applicant has an ownership or investment interest in or compensation agreement with a cannabis business. (3) Authorization to provide written certifications for the use of medicinal cannabis granted under this section shall expire and may be renewed in accordance with administrative regulations promulgated by a state licensing board. (4) A medicinal cannabis practitioner authorized by a state licensing board to provide written certifications for the use of medicinal canna bis may only provide a patient with a written certification after the medicinal cannabis practitioner has: (a) Established a bona fide practitioner-patient relationship with the patient; (b) Diagnosed the patient, or confirmed a diagnosis provided by anoth er health care provider, with a medical condition for which the medicinal cannabis practitioner believes that the patient is likely to receive safe and effective therapeutic or palliative benefit from the use of medicinal cannabis; (c) Reviewed a report of information from the electronic monitoring system established pursuant to KRS 218A.202 related to the patient for a period of time that covers at least the twelve (12) months immediately preceding the date of the report; (d) Consulted with the patient, or the patient's custodial parent or legal guardian responsible for providing consent to treatment if the patient is a minor child, with respect to the possible risks and side effects associated with medicinal cannabis, including possible interactions between medicinal cannabis and any other drug or medication that the patient is taking at that time; and (e) Obtained the consent of the patient's custodial parent or legal guardian responsible for providing consent to treatment, if the patient is a minor child. (5) A bona fide practitioner-patient relationship may be established following a referral from the patient's primary care provider and may be maintained via telehealth. However, a bona fide practitioner-patient relationship shall not be established via telehealth. (6) (a) When issuing a written certification for the use of medicinal cannabis to a patient, the medicinal cannabis practitioner shall use a form prescribed by the cabinet. (b) An initial written certification for the use of medicinal cannabis shall be provided during the course of an in-person examination of the patient by the medicinal cannabis practitioner. Subsequent written certifications, including for the purpose of renewing a registry identification card, may be provided electronically or during the course of a telehealth consultation. (c) For the purpose of applying for a registry identification card, a written certification provided under this section shall be valid for a period of not more than sixty (60) days. The medicinal cannabis practitioner may renew a written certification for not more than three (3) additional periods of not more than sixty (60) days each. Thereafter, the medicinal cannabis practitioner may issue another certification to the patient only after an in-person examination or an examination conducted via telehealth of the patient by the medicinal cannabis practitioner. (d) Within twenty-four (24) hours of providing a patient with a written certification for the use of medicinal cannabis, a medicinal cannabis practitioner shall record the issuance of the written certification in the electronic monitoring system established pursuant to KRS 218A.202. (7) A medicinal cannabis practitioner shall not: (a) Dispense medicinal cannabis; or (b) Provide a written certification for the use of medicinal cannabis to a family member or for himself or herself. (8) Nothing in this chapter shall prevent a medicinal cannabis practitioner from being sanctioned for: (a) Issuing a written certification without first obtaining authorization to provide written certifications from a state licensing board; (b) Issuing a written certification to a patient with whom the medicinal cannabis practitioner does not have a bona fide practitioner-patient relationship; (c) Failing to properly evaluate a patient's medical history and current medical condition, including all prescription drugs that the patient is currently taking, prior to issuing a written certification; (d) Otherwise failing to use good faith in his or her treatment of the patient; or (e) Any other violation of this section. (9) A state licensing board may suspend or revoke a medicinal cannabis practitioner's authorization to provide written certification for the use of medicinal cannabis and practice license for multiple violations or a serious violation of this section or administrative regulations promulgated thereunder. (10) The state licensing boards shall: (a) No later than July 1, 2024, promulgate administrative regulations in accordance with KRS Chapter 13A to establish: 1. Procedures for applying for authorization to provide written certifications; 2. The conditions that must be met to be eligible for authorization to provide written certifications; 3. The process and procedures for renewing authorization to provide written certifications; 4. Continuing education requirements for medicinal cannabis practitioners who are authorized to provide written certifications; 5. The reasons for which authorization to provide written certifications for the use of medicinal cannabis may be suspended or revoked; and 6. The minimal standards of care when providing written certifications including record maintenance and follow-up care requirements; (b) On a regular basis, provide the cabinet with the names of all medicinal cannabis practitioners; and (c) Immediately provide the cabinet with the name of any medicinal cannabis practitioner whose authorization to provide written certifications is suspended or revoked. (11) This section does not apply to a practitioner who recommends treatment with cannabis or a drug derived from cannabis under any of the following that are approved by an investigational review board or equivalent entity, the United States Food and Drug Administration, or the National Institutes for Health or any of its cooperative groups or centers under the United States Department of Health and Human Services: (a) A research protocol; (b) A clinical trial; (c) An investigational new drug ap plication; or (d) An expanded access submission. (12) As used in this section, "telehealth" has the same meaning as in KRS 211.332. Effective: April 17, 2024 History: Amended 2024 Ky. Acts ch. 195, sec. 5, effective April 17, 2024. -- Created 2023 Ky. Acts ch. 146, sec. 9, effective June 29, 2023.

KRS 218B.055 Registry identification card required -- Written certification -- Visiting qualified patient -- Information required

218B.055. Registry identification card required -- Written certification -- Visiting qualified patient -- Information required (1) Except as provided in subsection (5) of this section, no person shall possess, purchase, acquire, or otherw ise engage or assist in the use of medicinal cannabis in Kentucky without first applying for and receiving a registry identification card issued by the cabinet. (2) A person shall be eligible to apply for a registry identification card as a registered qualified patient if he or she is a resident of Kentucky, has obtained a written certification from a medicinal practitioner with whom he or she has a bona fide practitioner-patient relationship, and has not been convicted of a disqualifying felony offense. (3) (a) Except as provided in paragraph (b) of this subsection, a person shall be eligible to apply for a registry identification card as a designated caregiver if he or she is a resident of Kentucky, is at least twenty -one (21) years of age, has not been convicted of a disqualifying felony offense, and has agreed to assist no more than three (3) registered qualified patients with the use of medicinal cannabis. (b) Any person who has been appointed as a guardian, limited guardian, conservator, or limited conservator under KRS Chapter 387 shall be eligible to be designated as a designated caregiver by the individual for whom they have been appointed as a guardian, limited guardian, conservator, or limited conservator. (4) A person shall be eligible to apply for a registry identification card as a visiting qualified patient if he or she is not a resident of Kentucky or has been a resident of Kentucky for less than thirty (30) days, is at least twenty -one (21) years of age, has not been convicted of a disqualifying felony offense, possesses a valid out -of-state registry identification card, and possesses documentation of having been diagnosed with a qualifying medical condition. (5) A person with a valid out-of-state registry identification card and documentation o f having been diagnosed with a qualifying medical condition may use his or her out - of-state registry identification card for all purposes established in this chapter and shall not be required to apply for or receive a visiting qualified patient registry identification card from the cabinet. (6) To apply for or renew a registry identification card, a qualified patient shall submit the following, in accordance with administrative regulations promulgated by the cabinet: (a) The name, address, and date of birth of the qualified patient, except that if the applicant is homeless an address where the applicant may be reached shall be provided to the cabinet; (b) A written certification issued by a medicinal cannabis practitioner within sixty (60) days immediately preceding the date of an application; (c) The name, address, and telephone number of the qualified patient's medicinal cannabis practitioner; (d) The name, address, and date of birth of not more than two (2) individuals chosen by the qualified patient to be designated as a caregiver, if the qualified patient chooses to designate a caregiver, except that if an individual has been appointed as a guardian, limited guardian, conservator, or limited conservator under KRS Chapter 387, the qualified patient shall choose that individual as a designated caregiver; (e) A statement, signed by the qualified patient, pledging not to divert medicinal cannabis to anyone who is not permitted to possess medicinal cannabis pursuant to this chapter. The statement shall contain a listing of potential penalties, including criminal prosecution, for diverting medicinal cannabis; (f) A statement, signed by the individuals chosen by the qualified patient to be designated as a caregiver, if any, agreeing to be designated as the patient's designated caregiver and pledging not to divert medicinal cannabis to anyone other than the registered qualified patient to whom the caregiver is con nected through the cabinet's registration process. The statement shall contain a listing of potential penalties, including criminal prosecution, for diverting medicinal cannabis; and (g) The application or renewal fee for a registry identification card for a qualified patient and the application or renewal fee for a registry identification card for any designated caregiver chosen by the qualified patient. (7) To apply for or renew a registry identification card, a qualified patient who is under eighteen (18) years of age shall, in addition to the information required under subsection (6) of this section, submit: (a) Documentation of diagnosis of a qualifying medical condition by a practitioner other than the medicinal cannabis practitioner who provided the written certification for the use of medicinal cannabis; and (b) A statement signed by the custodial parent or legal guardian with responsibility for health care decisions for the qualified patient attesting to the fact that the custodial parent or legal guardian agrees to: 1. Allow the qualified patient to use medicinal cannabis; 2. Serve as the qualified patient's designated caregiver; and 3. Control the acquisition, dosage, and frequency of use of medicinal cannabis by the qualified patient. (8) To apply for or renew a registry identification card, a visiting qualified patient shall submit the following, in accordance with administrative regulations promulgated by the cabinet: (a) The name, address, and date of birth of the visiting qualified patient, exce pt that if the applicant is homeless an address where the applicant may be reached shall be provided to the cabinet; (b) A copy of his or her valid out-of-state registry identification card; (c) Proof that he or she has been diagnosed with a qualifying med ical condition; (d) The application or renewal fee for a registry identification card for a visiting qualified patient; and (e) A statement, signed by the visiting qualified patient, pledging not to divert medicinal cannabis to anyone who is not permitted to possess medicinal cannabis pursuant to this chapter. The statement shall contain a listing of potential penalties, including criminal prosecution, for diverting medicinal cannabis. (9) The application for qualified patients' registry identification cards shall ask whether the patient would like the cabinet to notify him or her of any clinical studies needing human subjects for research on the use of medicinal cannabis. The cabinet shall notify interested patients if it is aware of studies that will be conducted in the United States. (10) A registered qualified patient applying to renew a registry identification card issued by the cabinet shall be required to submit to the cabinet a written certification issued by a medicinal cannabis practitioner within sixty (60) days immediately preceding the date of a renewal application. Effective: January 1, 2025 History: Amended 2024 Ky. Acts ch. 195, sec. 6, effective January 1, 2025. -- Created 2023 Ky. Acts ch. 146, sec. 10, effective January 1, 2025.

KRS 218B.060 Registry identification card program -- Required information

218B.060. Registry identification card program -- Required information (1) The cabinet shall establish, implement, and operate a registry identification card program, including registry identification card application and renewal fees, for registered qualified patients, visiting qualified patients, and designated caregivers. Registry identification card application and renewal fees collected by the cabinet pursuant to this section shall be retained by the cabinet for administrative purposes. (2) Registry identification cards shall contain the following: (a) The name of the cardholder; (b) A designation of whether the cardholder is a registered qualified patient, visiting qualified patient, or designated caregiver; (c) The date of issuance and expiratio n date of the registry identification card; (d) A random alphanumeric identification number of at least ten (10) characters, containing at least four (4) numbers and at least four (4) letters, that is unique to the cardholder; (e) A bar code or other marking that can be scanned electronically; (f) A photograph of the cardholder, if the cabinet's administrative regulations require one; (g) The telephone number and website address for the electronic monitoring system established pursuant to KRS 218A.202; (h) If the cardholder is a registered qualified patient who has designated one (1) or more designated caregivers, the random alphanumeric identification number of the patient's designated caregivers; (i) If the cardholder is a designated caregiver, the random alphanumeric identification number of the registered qualified patient the designated caregiver is receiving the registry identification card to assist; and (j) If the cardholder is under eighteen (18 ) years of age, a clear and obvious designation or identifier indicating that the cardholder is under eighteen (18) years of age. (3) (a) Except as provided in paragraph (b) of this subsection, the expiration date for registry identification cards shall be one (1) year after the date of issuance. (b) If a medicinal cannabis practitioner states in the written certification that the qualified patient would benefit from the use of medicinal cannabis until a specified earlier date, then the registry identificat ion card shall expire on that date. (4) The cabinet may, at its discretion, electronically store in the card all of the information listed in subsection (2) of this section, along with the address and date of birth of the cardholder, to allow it to be read electronically by law enforcement agents and licensed cannabis businesses. Effective: April 17, 2024 History: Amended 2024 Ky. Acts ch. 195, sec. 7, effective April 17, 2024. -- Created 2023 Ky. Acts ch. 146, sec. 11, effective June 29, 2023.

KRS 218B.065 Cabinet action required on application -- Registration for patients under age eighteen -- Application denial -- Administrative hearings

218B.065. Cabinet action required on application -- Registration for patients under age eighteen -- Application denial -- Administrative hearings (1) Except as provided in subsections (2) to (5) of this section, the cabinet shall: (a) Acknowledge receipt of an application within fifteen (15) days of receipt, and approve or deny an application or renewal within thirty (30) days of receiving a completed application or renewal application; and (b) Issue registry identification cards to a qualified patient and any individual designated by the qualified patient as a designated caregiver or a visiting qualified patient within five (5) days of approving the application or renewal. An individual designated as a caregiver shall be issued a designate d caregiver registry identification card for each registered qualified patient to whom he or she is connected through the cabinet's registration process. (2) The cabinet shall not issue a registry identification card to a qualified patient who is younger than eighteen (18) years of age unless: (a) The custodial parent or legal guardian with responsibility for health care decisions for the qualified patient consents in writing to: 1. Allow the qualified patient's use of medicinal cannabis; 2. Serve as the qualified patient's designated caregiver; and 3. Control the acquisition of the medicinal cannabis, the dosage, and the frequency of the use by the qualified patient; and (b) The designated caregiver application for the custodial parent or legal guardian with responsibility for health care decisions for the qualified patient is approved. (3) The cabinet may deny an application or renewal for a qualified patient's or visiting qualified patient's registry identification card for any reason that the cabinet, in the exercise of sound discretion, deems sufficient, including but not limited to if the applicant: (a) Did not provide the information or materials required by KRS 218B.055; (b) Previously had a registry identification card revoked; (c) Provided false or falsified information; or (d) Does not meet the eligibility requirements established in KRS 218B.055. (4) (a) Except as provided in paragraph (b) of this subsection, the cabi net may deny an application or renewal for a designated caregiver's registration card for any reason that the cabinet, in the exercise of sound discretion, deems sufficient, including but not limited to if the applicant: 1. Is already registered as a desig nated caregiver for three (3) registered qualified patients; 2. Does not meet the eligibility requirements established in KRS 218B.055; 3. Did not provide the information or materials required by KRS 218B.055; 4. Previously had a registry identification ca rd revoked; 5. Provided false or falsified information; 6. Was previously convicted of a disqualifying felony offense; or 7. Has applied as a designated caregiver for a qualified patient whose application or renewal for a registry identification card was denied. (b) Notwithstanding paragraph (a) of this subsection, the cabinet shall approve an application or renewal for a designated caregiver's registration card if the applicant has applied as a designated caregiver for a qualified patient for who the applicant has been appointed under KRS Chapter 387 as a guardian, limited guardian, conservator, or limited conservator. (5) The cabinet may deny an application or renewal for a visiting qualified patient's registration card for any reason that the cabinet, in the exercise of sound discretion, deems sufficient, including but not limited to if the applicant: (a) Did not provide the information or materials required by KRS 218B.055; (b) Previously had a registry identification card revoked; (c) Provided false or falsified information; or (d) Does not meet the eligibility requirements established in KRS 218B.055. (6) The cabinet may conduct a criminal background check for each applicant solely to determine whether the applicant was previously convicted of a disqualifying felony offense. (7) The cabinet shall notify the registered qualified patient who has designated someone to serve as his or her designated caregiver if the individual designated as a caregiver is denied a registry identification card. (8) The cabinet shall notify the applicant in writing of the denial and reasons by registered or certified mail at the address given in the application or supplement. The applicant may, within thirty (30) days after the date of the mailing of the cabinet's notice, file a written request for an administrative hearing on the application. The hearing shall be conducted on the application in compliance with the requirements of KRS Chapter 13B. (9) Final orders of the cabinet after administrative hearings shall be subject to judicial review. Jurisdiction and venue for judicial review are vested in the Circuit Court of the county in which the appealing party resides. Effective: January 1, 2025 History: Amended 2024 Ky. Acts ch. 195, sec. 8, effective January 1, 2025. -- Created 2023 Ky. Acts ch. 146, sec. 12, effective January 1, 2025.

KRS 218B.070 Cardholder required notifications to cabinet -- Return of unused cannabis -- Expiration of protections

218B.070. Cardholder required notifications to cabinet -- Return of unused cannabis -- Expiration of protections (1) Cardholders shall be required to make the following notifications to the cabinet: (a) A cardholder shall notify the cabinet of any change in his or her name or address; (b) A registered qualified patient shall notify the cabinet within thirty (30) days if he or she ceases to suffer from the medical condition for which a medicinal cannabis practitioner provided a written certification; (c) A registered qualified patient shall notify the cabinet if he or she wishes to terminate a designated caregiver relationship with an individual who has been designated as his or her caregiver; (d) A designated caregiver shall notify the cabi net within thirty (30) days if he or she becomes aware that a registered qualified patient to whom the caregiver is connected through the cabinet's registration process has died or has ceased to suffer from the medical condition for which a medicinal canna bis practitioner provided a written certification; and (e) If a cardholder loses his or her registry identification card, he or she shall notify the cabinet within ten (10) days of becoming aware the card has been lost. (2) When a cardholder notifies the cabinet of items listed in paragraph (b) or (d) of subsection (1) of this section, the cardholder shall, within ten (10) days of notification, return any unused medicinal cannabis products to a licensed dispensary for destruction. (3) When a cardholder notifies the cabinet of items listed in paragraph (a), (c), or (e) of subsection (1) of this section, but remains eligible under this chapter, the cabinet shall issue the cardholder a new registry identification card with a new random ten (10) character alphanumeric identification number. If the cabinet issues a new registry identification card to a registered qualified patient, the cabinet shall also issue a new registry identification card with a new ten (10) character alphanumeric number to the registered qualified patient's designated caregiver. New registry identification cards issued under this subsection shall be issued by the cabinet within ten (10) days of receiving the updated information. (4) If a registered qualified patient ceases to be a registered qualified patient or changes his or her designated caregiver, the cabinet shall promptly notify the designated caregiver in writing. The designated caregiver's protections under this chapter as to that registered qualified patient shall expire fifteen (15 ) days after notification by the cabinet. (5) (a) A medicinal cannabis practitioner who provided a written certification to a patient shall, within thirty (30) days of having knowledge of the facts, notify the cabinet in writing that the registered qualifi ed patient has died, ceased to suffer from the medical condition for which a medicinal cannabis practitioner provided a written certification, or that the medicinal cannabis practitioner no longer believes the patient is likely to receive safe and effectiv e therapeutic or palliative benefit from the use of medicinal cannabis. (b) If the cabinet receives written notification required by paragraph (a) of this subsection, the cabinet shall promptly notify the registered qualified patient in writing. The registered qualified patient's protections under this chapter shall expire fifteen (15) days after notification by the cabinet, and the registered qualified patient shall have fifteen (15) days to dispose of or donate his or her medicinal cannabis to a dispensary. Effective: January 1, 2025 History: Amended 2024 Ky. Acts ch. 195, sec. 9, effective January 1, 2025. -- Created 2023 Ky. Acts ch. 146, sec. 13, effective January 1, 2025.

KRS 218B.075 Revocation of registration identification card -- Penalties -- Notification to cardholder -- Administrative hearing -- Judicial review

218B.075. Revocation of registration identification card -- Penalties -- Notification to cardholder -- Administrative hearing -- Judicial review (1) Any cardholder who sells, distributes, or dispenses medicinal cannabis to a person who is not permitted to possess or use medicinal cannabis under this chapter shall have his or her registry identification card revoked and shall be subject to other penalties, including but not limited to criminal prosecution under this chapter and KRS 138.870 to 138.889. (2) The cabinet may revoke the registry identification card of any cardholder who knowingly commits multiple violations or a serious violation of this chapter. (3) The cabinet shall provide notice of revocation, fine, or other penalty by mailing, via certified mail, the same in writing to the cardholder. The cardholder may, within thirty (30) days after the date of the mailing of the cabinet's notice, file a written request for an administrative hearing regarding the revocation, fine, or other penalty. The hearing shall be conducted in compliance with the requirements of KRS Chapter 13B. (4) Final orders of the cabinet after administrative hearings shall be subject to judicial review. Jurisdiction and venue for judicial review are vested in the Circuit Court of the county in which the appealing party resides. Effective: January 1, 2025 History: Created 2023 Ky. Acts ch. 146, sec. 14, effective January 1, 2025.

KRS 218B.080 License required -- License types -- Initial one-year term -- Renewal

218B.080. License required -- License types -- Initial one-year term -- Renewal (1) No person shall cultivate, process, produce, possess, test, transfer, transport, or sell medicinal cannabis or otherwise operate a cannabis business in this state wit hout first obtaining a license under this section. (2) The cabinet shall create separate licenses, licensure application fees, initial licensure fees, and licensure renewal fees allowing persons to operate a cannabis business, pursuant to this chapter and any administrative regulations promulgated thereunder, as a: (a) Tier I cannabis cultivator; (b) Tier II cannabis cultivator; (c) Tier III cannabis cultivator; (d) Tier IV cannabis cultivator; (e) Cannabis dispensary; (f) Cannabis processor; (g) Cannabis producer; or (h) Cannabis safety compliance facility. (3) Licensure application fees, initial licensing fees, and licensure renewal fees collected by the cabinet pursuant to this section shall be retained by the cabinet for administrative purposes. (4) (a) Except as provided in paragraph (b) of this subsection, a cann abis business shall be required to apply for and obtain from the cabinet a separate license for each location it intends to operate. (b) A cannabis business licensed as a producer may operate cultivation and processing activities at separate locations, but shall not operate more than one (1) cultivation and one (1) processing facility per license. (5) (a) A cannabis business license issued under this section and KRS 218B.085 and 218B.090 shall be valid for one (1) year from the date of issuance. The cabinet shall notify each licensee ninety (90) days prior to the date the license expires to allow the licensee to begin the renewal process established by the cabinet pursuant to KRS 218B.140. (b) The renewal of a cannabis business license shall be contingent up on successful achievement of minimal performance standards established by the cabinet as part of the biennial accreditation process established by the cabinet pursuant to KRS 218B.140. (6) The cabinet shall approve a license holder's sale of a license issu ed pursuant to this section and KRS 218B.085 and 218B.090 if the purchaser and any new facilities meet the requirements of this chapter. Effective: June 29, 2023 History: Created 2023 Ky. Acts ch. 146, sec. 15, effective June 29, 2023. 2026-2028 Budget Reference. See State/Executive Branch Budget, 2026 Ky. Acts ch. 168, Pt. I, F, 3, (4) at 2082.

KRS 218B.085 Uniform application form -- Information required

218B.085. Uniform application form -- Information required (1) The cabinet shall create a uniform application form for the cannabis business licenses established in KRS 218B.080. (2) When applying for a license, the applicant shall submit the following in accordance with the cabinet's administrative regulations: (a) The proposed legal name of the cannabis business; (b) The proposed physical address of the cannabis business and the global positioning system coordinates for any proposed cultivation activities; (c) The name, address, and date of birth of each principal of ficer and board member of the cannabis business; (d) Any instances in which a business or not -for-profit entity that any of the prospective board members managed or served on the board of was convicted, fined, censured, or had a registration or license sus pended or revoked in any administrative or judicial proceeding; and (e) Any additional information required by the cabinet. Effective: June 29, 2023 History: Created 2023 Ky. Acts ch. 146, sec. 16, effective June 29, 2023.

KRS 218B.090 Cabinet action on business license application -- Denial -- Procedures upon approval -- Administrative hearing and judicial review -- Licensed cannabis business subject to local government regulation

218B.090. Cabinet action on business license application -- Denial -- Procedures upon approval -- Administrative hearing and judicial review -- Licensed cannabis business subject to local government regulation (1) The cabinet shall: (a) Acknowledge receipt of an application for a cannabis business license within fifteen (15) days of receipt; (b) Provide notification to the cannabis business license applicant as to whether the application for a cannabis business license has been approved or denie d within forty-five (45) days of receiving a completed application; and (c) When reviewing and considering cannabis business applications, prioritize the review of applications submitted by an individual or entity who is an existing Kentucky hemp business in good standing with the Kentucky Department of Agriculture, if they meet the application requirements set forth in this chapter and administrative regulations promulgated by the cabinet thereunder. (2) The cabinet may deny an application for a cannabis b usiness license for any reason that the cabinet, in the exercise of sound discretion, deems sufficient, including but not limited to: (a) The applicant failed to submit the materials required by KRS 218B.085, including if the applicant's plans do not satis fy the security, oversight, or recordkeeping administrative regulations promulgated by the cabinet; (b) The applicant falsifies information on the licensure application; (c) The applicant would not be in compliance with local cannabis business prohibitions enacted pursuant to KRS 218B.130; (d) One (1) or more of the prospective principal officers or board members: 1. Has been convicted of a disqualifying felony offense, the provisions of KRS 335B.020 and 335B.030 notwithstanding; 2. Has served as a principal officer or board member for a cannabis business that has had its license revoked; 3. Is younger than twenty -one (21) years of age; or 4. Is a medicinal cannabis practitioner; or (e) 1. For a safety compliance facility, one (1) or more of the prospective principal officers or board members is a principal officer or board member of a cultivator, processor, producer, or dispensary licensed to operate in Kentucky. 2. For a cultivator, processor, producer, or dispensary, one (1) or more of the prospective principal officers or board members is a principal officer or board member of a safety compliance facility licensed to operate in Kentucky. (3) If a cannabis business license application is approved: (a) The cannabis business shall, bef ore it begins operations, submit its complete physical address and the global positioning system coordinates for any cultivation activities if a physical address or the global positioning system coordinates for any cultivation activities had not been final ized when it applied; and (b) The cabinet shall: 1. Issue a copy of the license that includes the business's identification number to the approved cannabis business; 2. Provide a licensed dispensary with contact and access information for the electronic monitoring system established pursuant to KRS 218A.202; and 3. Provide notice of licensure approval and issuance to the city and county in which the cannabis business intends to operate. (4) If a cannabis business license application is denied, the cabinet shall notify the applicant in writing of a license denial and reasons by registered or certified mail at the address given in the application or supplement. The applicant may, within thirty (30) days after the mailing of the cabinet's notice, file a written request for an administrative hearing on the application. The hearing shall be conducted on the application in compliance with the requirements of KRS Chapter 13B. Final orders of the cabinet after administrative hearings shall be subject to judicial review as provided in KRS 13B.140. Jurisdiction and venue for judicial review are vested in the Circuit Court of the county in which the applicant's business would be located. (5) Notwithstanding any provision of law to the contrary, a cannabis business licensed by the cabinet pursuant to this chapter shall be subject to and required to comply with: (a) Any subsequent action that may be taken pursuant to KRS 218B.130(2)(a) by the local government within whose territory the cannabis business is licensed to operate if such action is taken prior to January 1, 2025, including but not limited to the prohibition of cannabis business operations within the territory of the local government; and (b) Any local zoning ordinances and regulations that may be adopted pursuant to KRS 218B.130(2)(b) by the local government within whose territory the cannabis business is licensed to operate. Effective: July 1, 2024 History: Amended 2024 Ky. Acts ch. 195, sec. 10, effective July 1, 2024. -- Created 2023 Ky. Acts ch. 146, sec. 17, effective July 1, 2024. Legislative Research Commission Note (4/17/2024). The effective date of the creation of this statute in 2023 Ky. Acts ch. 146, sec. 17, was changed from January 1, 2025, to July 1, 2024, in 2024 Ky. Acts ch. 195, sec. 24.

KRS 218B.095 Requirements for licensed businesses -- Prohibited activities -- Recordkeeping -- Transporting cannabis on behalf of business -- Cultivation in enclosed, locked facility -- Persons under age eighteen

218B.095. Requirements for licensed businesses -- Prohibited activities -- Recordkeeping -- Transporting cannabis on behalf of business -- Cultivation in enclosed, locked facility -- Persons under age eighteen (1) A cannabis business licensed under this chapter shall: (a) Comply with this chapter and any administrative regulations promulgated thereunder by the cabinet; (b) Conduct a criminal background check into the criminal history of each person seeking to become a principal officer, board me mber, agent, volunteer, or employee before that person begins work. A cannabis business shall not employ, accept as a volunteer, or have as a board member, principal officer, or agent any person who: 1. Was convicted of a disqualifying felony offense; or 2. Is younger than twenty-one (21) years of age; (c) Implement appropriate security measures to deter and prevent the theft of medicinal cannabis and unauthorized entrance into areas containing medicinal cannabis; (d) Demonstrate sufficient capital such that it can establish its business and meet the needs for its type of cannabis business; (e) Display its license on the premises at all times; and (f) Only acquire, possess, cultivate, manufacture, deliver, transfer, transport, supply, or dispense medicinal cannabis: 1. For the purposes of distributing medicinal cannabis to cardholders who possess a valid registry identification card issued by the cabine t, or for visiting qualified patients, a valid out -of-state registry identification card and documentation of having been diagnosed with a qualifying medical condition; and 2. From a cannabis business licensed under this chapter. (2) A cannabis business licensed under this chapter shall not: (a) Be located within one thousand (1,000) feet of an existing elementary or secondary school or a daycare center; (b) Acquire, possess, cultivate, process, manufacture, deliver, transfer, transport, supply, dispense, or sell: 1. Raw plant material with a delta-9 tetrahydrocannabinol content of more than thirty-five percent (35%); 2. Medicinal cannabis products intended for oral consumption as an edible, oil, or tincture with more than ten (10) milligrams of delta -9 tetrahydrocannabinol per serving; 3. Any medicinal cannabis product not described in subparagraph 1. or 2. of this paragraph with a delta -9 tetrahydrocannabinol content of more than seventy percent (70%); or 4. Any medicinal cannabis product that contains vita min E acetate; (c) Permit a person under eighteen (18) years of age to enter or remain on the premises of a cannabis business; (d) Permit a person who is not a cardholder to enter or remain on the premises of a cannabis business, except in accordance with subsection (6) of this section; (e) Employ, have as a board member, or be owned by, in part or in whole, a medicinal cannabis practitioner; or (f) Advertise medicinal cannabis sales in print, broadcast, online, by paid in - person solicitation of customers, or by any other advertising device as defined in KRS 177.830, except that this paragraph shall not prevent appropriate signs on the property of a licensed cannabis business, listings in business directories including phone books, listings in trade or medic al publications, or sponsorship of health or not-for-profit charity or advocacy events. (3) The operating documents of a cannabis business shall include procedures for its oversight and procedures to ensure accurate recordkeeping and inventory control. (4) When transporting medicinal cannabis on behalf of a cannabis business that is permitted to transport it, a cannabis business agent shall have: (a) A copy of the cannabis business license for the business that employs the agent; (b) Documentation that specifies the amount of medicinal cannabis being transported and the date on which it is being transported; and (c) The cannabis business license number and telephone number of any other cannabis business receiving or otherwise involved in the transportation o f the medicinal cannabis. (5) The cultivation of medicinal cannabis for cannabis businesses licensed in this state shall only be done by cultivators and producers licensed under this chapter and shall only take place in an enclosed, locked facility which c an only be accessed by cultivator agents working on behalf of the cultivator or producer at the physical address or global positioning system coordinates provided to the cabinet during the license application process. (6) A person who is at least eighteen (18) years of age but not a cardholder may be allowed to enter and remain on the premises of a cannabis business if: (a) The person is present at the cannabis business to perform contract work, including but not limited to electrical, plumbing, or security maintenance, that does not involve handling medicinal cannabis; or (b) The person is a government employee and is at the cannabis business in the course of his or her official duties. Effective: July 1, 2024 History: Created 2023 Ky. Acts ch. 146, sec. 18 , effective July 1, 2024. Legislative Research Commission Note (4/17/2024). The effective date of the creation of this statute in 2023 Ky. Acts ch. 146, sec. 18, was changed from January 1, 2025, to July 1, 2024, in 2024 Ky. Acts ch. 195, sec. 24.

KRS 218B.100 Cannabis businesses subject to reasonable inspection by the cabinet to evaluate compliance -- License suspension or revocation -- Notice required -- Administrative hearing and judicial review -- Permissible activities during suspension

218B.100. Cannabis businesses subject to reasonable inspection by the cabinet to evaluate compliance -- License suspension or revocation -- Notice required -- Administrative hearing and judicial review -- Permissible activities during suspension (1) (a) Cannabis businesses shall be subject to reasonable inspection and investigation by the cabinet pursuant to this subsection and the cabinet's procedures or administrative regulations. (b) The cabinet may inspect any licensed cannabis business prem ises without having to first obtain a search warrant. (c) The executive director of the Office of Medical Cannabis, or the executive director's authorized representatives, shall have the authority to: 1. Enter any cannabis business without delay or advance notice during regular working hours and at other reasonable times to: a. Inspect the premises; b. Privately question any owner, operator, agent, or employee of the cannabis business or an employee's representative; and c. Investigate conditions, facts, ma terials, practices, or other matters deemed appropriate by the cabinet; to determine if the cannabis business is operating in compliance with this chapter and any administrative regulations promulgated thereunder; 2. Apply to the Circuit Court in the county in which the cannabis business is located for an order to enforce the right of entry if the cannabis business refuses entry as permitted in this subsection; 3. Following the completion of an inspection or investigation, confiscate, possess, transport, and destroy any medicinal cannabis deemed by the executive director, or the executive director's authorized representatives, to be noncompliant with the cultivation, processing, producing, transporting, safety compliance, or dispensary sale standards established in this chapter or any administrative regulation promulgated thereu nder; 4. Administer oaths, examine witnesses under oath, take depositions, certify official acts, review records and accounts, take photographs, and secure any other evidence deemed necessary to evaluate compliance with this chapter and any administrative regulations promulgated thereunder; and 5. Issue subpoenas to compel the: a. Attendance of witnesses and parties; and b. Production of books, accounts, correspondence, memoranda, and other materials or records considered necessary and relevant to a matter under investigation by the cabinet. (d) If a witness or party fails to comply with a subpoena issued by the executive director or the executive director's authorized representatives, the executive director or the executive director's authorized representat ives may petition the Circuit Court of the county in which the witness or party is located to compel compliance with the subpoena. Failure of a witness or party to comply with an order of the court issued pursuant to this paragraph shall constitute a basis for a finding of contempt by the court under KRS 432.230. In any proceeding brought before a Circuit Court under this paragraph, the court may modify or set aside the subpoena. (2) The cabinet may, on its own motion or on complaint and after investigation, suspend or revoke a cannabis business license for multiple violations or a serious violation of this chapter or any administrative regulations promulgated thereunder by the licensee or any of its agents. A suspension shall not be for a period of time longer than six (6) months. (3) The cabinet shall provide notice of suspension, revocation, fine, or other penalty, as well as the required notice of the hearing, by mailing, via certified mail, the same in writing to the cannabis business at the address on the license. The cannabis business may, within thirty (30) days after the date of the mailing of the cabinet's notice, file a written request for an administrative hearing regarding the suspension, revocation, fine, or other penalty. The hearing shall be conducted in compliance with the requirements of KRS Chapter 13B. (4) Final orders of the cabinet after administrative hearings shall be subject to judicial review. Jurisdiction and venue for judicial review are vested in the Circuit Court of the county in which the cannabis business is physically located. (5) A cultivator may continue to cultivate and possess cannabis plants during a suspension, but it shall not transfer or sell medicinal cannabis during a suspension. (6) A dispensary may continue to possess its existing medicinal cannabis inventory during a suspension, but it shall not acquire additional medicinal cannabis, or dispense, transfer, or sell medicinal cannabis during a suspension. (7) A processor may continue to process and possess its existing medicinal cannabis inventory during a suspension, but it shall not acquire additional medicinal cannabis, or dispense, transfer, or sell medicinal cannabis products during a suspension. (8) A producer may continue to cultivate, process, and possess cannabis plants and its existing medicinal cannabis inventory during a suspension, but it shall not acquire additional medicinal cannabis, or dispense, transfer, or sell medicinal cannabis during a suspension. (9) A safety compliance facility may continue to possess medicinal cannabis during a suspension, but it shall not receive any new medicinal cannabis, test or otherwise analyze medicinal cannabis, or transfer or transport medicinal cannabis during a suspension. Effective: July 1, 2024 History: Amended 2024 Ky. Acts ch. 195, sec. 11, effective July 1, 2024. -- Created 2023 Ky. Acts ch. 146, sec. 19, effective July 1, 2024. Legislative Research Commission Note (4/17/2024). The effective date of the creation of this statute in 2023 Ky. Acts ch. 146, sec. 19, was changed from January 1, 2025, to July 1, 2024, in 2024 Ky. Acts ch. 195, sec. 24.

KRS 218B.105 Cultivator and cultivator agent -- Permissible actions -- Cultivator tiers and square feet limitations

218B.105. Cultivator and cultivator agent -- Permissible actions -- Cultivator tiers and square feet limitations (1) A cultivator or cultivator agent acting on behalf of a cultivator shall not be subject to prosecution under state or local law, to search or inspection except by the cabinet pursuant to KRS 218B.100, or to seizure or penalty in any manner, or be denied any right or privilege, including but not limited to civil penalty or disciplinary action by a court or business licensing board, for acting pursuant to this chapter and the cabinet's administrative regulations for: (a) Acquiring, possessing, planting, cultivating, raising, harvesting, trimming, or storing cannabis seeds, seedlings, plants, or raw plant material; (b) Delivering, transporting, transferring, supplying, or selling raw plant material or related supplies to other licensed cannabis businesses in this state; or (c) Selling cannabis seeds or seedlings to similar entities that are licensed to cultivate cannabis in this state or in any other jurisdiction. (2) Cultivators and cultivator agents acting on behalf of a cultivator shall: (a) Only deliver raw plant material to a licensed processor, licensed producer, licensed safety compliance facility, or licensed dispensary for fair market value; (b) Only deliver raw plant material to a licensed dispensary, processor, or producer after it has been checked by a safety compliance facility agent for cannabinoid contents and contaminants in accordance with administrative regulations promulgated by the cabinet; (c) Not supply a dispensary with more than the amount of raw plant material reasonably required by a dispensary; and (d) Not deliver, transfer, or sell raw plant material with a delta -9 tetrahydrocannabinol content of more than thirt y-five percent (35%) to a licensed dispensary, processor, or producer. (3) (a) A Tier I cultivator shall not exceed an indoor growth area of two thousand five hundred (2,500) square feet. (b) A Tier II cultivator shall not exceed an indoor growth area of ten thousand (10,000) square feet. (c) A Tier III cultivator shall not exceed an indoor growth area of twenty -five thousand (25,000) square feet. (d) A Tier IV cultivator shall not exceed an in door growth area of fifty thousand (50,000) square feet. Effective: July 1, 2024 History: Created 2023 Ky. Acts ch. 146, sec. 20, effective July 1, 2024. Legislative Research Commission Note (4/17/2024). The effective date of the creation of this statute in 2023 Ky. Acts ch. 146, sec. 20, was changed from January 1, 2025, to July 1, 2024, in 2024 Ky. Acts ch. 195, sec. 24.

KRS 218B.110 Dispensary and dispensary agent -- Permissible actions -- Requirements - - Liability in civil actions for failure to comply

218B.110. Dispensary and dispensary agent -- Permissible actions -- Requirements - - Liability in civil actions for failure to comply (1) A dispensary or dispensary agent acting on behalf of a dispensary shall not be subject to prosecution under state or local law, to search or inspection except by the cabinet pursuant to KRS 218B.100, to seizure or penalty in any manner, or be denied any right or privilege, including but not limited to a civil penalty or disciplinary action by a court or busines s licensing board, for acting pursuant to this chapter and the cabinet's administrative regulations for: (a) Acquiring or possessing medicinal cannabis from a cultivator, processor, or producer in this state; (b) Acquiring or possessing medicinal cannabis accessories or educational material; (c) Supplying, selling, dispensing, distributing, or delivering medicinal cannabis, medicinal cannabis accessories, and educational material to cardholders or other dispensaries; (d) Selling cannabis seeds to similar entities that are licensed to cultivate cannabis in this state or in any other jurisdiction; or (e) Acquiring, accepting, or receiving medicinal cannabis products from a cardholder, except that a dispensary may not offer anything of monetary value in return for medicinal cannabis received from a cardholder. Any medicinal cannabis received by a dispensary under this paragraph or pursuant to KRS 218B.070 shall be destroyed by the dispensary or its agents and shall not be sold, dispensed, or distributed to anoth er cardholder. (2) A dispensary or dispensary agent acting on behalf of a dispensary shall: (a) Maintain records that include specific notations of the amount of medicinal cannabis being dispensed to a cardholder and whether it was dispensed directly to a registered qualified patient or visiting qualified patient, or to a registered qualified patient's designated caregiver. Each entry shall include the date and time the medicinal cannabis was dispensed. The data required to be recorded by this paragraph shall be entered into the electronic monitoring system established pursuant to KRS 218A.202 in accordance with administrative regulations promulgated by the cabinet for the recording of medicinal cannabis dispensing; (b) Only dispense or sell medicinal cannabis after it has been checked by a safety compliance facility agent for cannabinoid contents and contaminants in accordance with administrative regulations promulgated by the cabinet; (c) Only dispense or sell medicinal cannabis to a registered qualified pa tient, visiting qualified patient, or designated caregiver after making a diligent effort to verify: 1. That the registry identification card or, for visiting qualified patients, the out-of-state registry identification card presented to the dispensary is valid, including by checking the verification system, if it is operational, or other cabinet-designated databases; 2. That the person presenting the registry identification card or, for visiting qualified patients, the out-of-state registry identification card is at least eighteen (18) years of age and is the person identified on the registry identification card by examining at least one (1) other form of government-issued photo identification; and 3. The amount of medicinal cannabis the person is legally permitted to purchase pursuant to KRS 218B.025 by checking the electronic monitoring system established pursuant to KRS 218A.202; (d) 1. Upon dispensing medicinal cannabis to a cardholder: a. Provide the cardholder with a copy of the Medicinal Cannabis Advisory Pamphlet described in KRS 218B.140(2)(b) if: i. It is the first time the patient has purchased medicinal cannabis from the dispensary; ii. It has been more than twelve (12) months since the dispensary last provided the cardholder with a copy of the pamphlet; or iii. The content of the pamphlet has materially changed since the dispensary last provided the cardholder with a copy of the pamphlet; b. Obtain the cardholder's signature as required by KRS 218B.140(2)(b); and c. Retain the signature form as required by KRS 218B.140(2)(b). 2. The advisory pamphlet required to be provided to cardholders under subparagraph 1. of this paragraph may be provided electronically, and dispensaries may obtain and retain electronic signatures; (e) Not acquire, possess, dispense, sell, offer for sale, transfer, or transport: 1. Raw plant material with a delta -9 tetrahydrocannabinol content of more than thirty-five percent (35%); 2. Medicinal cannabis products intended for oral consumption as an edible, oil, or tincture with more than ten (10) milligrams of delta -9 tetrahydrocannabinol per serving; 3. Any medicinal cannabis pr oduct not described in subparagraph 1. or 2. of this paragraph with a delta -9 tetrahydrocannabinol content of more than seventy percent (70%); or 4. Any medicinal cannabis product that contains vitamin E acetate; (f) Not acquire medicinal cannabis from any person other than a cannabis business licensed under this chapter, or an agent thereof, a registered qualified patient, or a designated caregiver; (g) Not sell or dispense medicinal cannabis products intended for consumption by vaporizing to a cardholder who is younger than twenty-one (21) years of age or to a designated caregiver for a registered qualified patient who is younger than twenty-one (21) years of age; (h) Not dispense or sell medicinal cannabis to a minor; (i) Not dispense or sell more medicinal cannabis to a cardholder than he or she is legally permitted to purchase at the time of the transaction; and (j) Not rent office space to a medicinal cannabis practitioner. (3) (a) A dispensary may operate a delivery service for cardholders and may deliver medicinal cannabis, medicinal cannabis accessories, and educational material to cardholders at the address identified on the cardholder's registry identification. (b) All delivery services operated or offered by a dispensary shall comply with administrative regulations promulgated by the cabinet pursuant to this section and KRS 218B.140. (4) If a dispensary or dispensary agent fails to comply with subsection (2)(c), (d), (e), (f), (g), or (h) of this section, the dispensary and dispensary agent are liable in a civil action for compensatory and punitive damages and reasonable attorney's fees to any person or the representative of the estate of any person who sustains injury, death, or loss to person or property as a result of the failure to comply with subsection (2)(c), (d), (e), (f), (g), or (h) of this section. In any action under this subsection, the court may also award any injunctive or equitable relief that the court considers appropriate. (5) Notwithstanding any provision of law to the contrary, a dispensary licensed pursuant to this chapter prior to January 1, 2025, shall not be permitted to open to the public or otherwise engage in the practice of dispensing medicinal cannabis to cardholders in the Commonwealth before January 1, 2025, except the provisions of this subsection shall not prohibit a licensed dispensary from acquiring or possessing medicinal cannabis products prior to January 1, 2025. Effective: July 1, 2024 History: Amended 2024 Ky. Acts ch. 195, sec. 12, effective July 1, 2024. -- Created 2023 Ky. Acts ch. 146, sec. 21, effective July 1, 2024. Legislative Research Commission Note (4/17/2024). The effective date of the creation of this statute in 2023 Ky. Acts ch. 146, sec. 21, was changed from January 1, 2025, to July 1, 2024, in 2024 Ky. Acts ch. 195, sec. 24.

KRS 218B.115 Processor and processor agent -- Permissible actions

218B.115. Processor and processor agent -- Permissible actions (1) A processor or processor agent acting on behalf of a processor shall not be subject to prosecution under state or local law, to search or inspection except by the cabinet pursuant to KRS 218B.100, to seizure or penalty in any manner, or be denied any right or privilege, including but not limited to civil penalty or disciplinary action by a court or business licensing board, for acting pursuant to this chapter and the cabinet's administrative regulations for: (a) Acquiring or purchasing raw plant material from a cultivator, processor, or producer in this state; (b) Possessing, processing, preparing, manufacturing, manipulating, blending, preparing, or packaging medicinal cannabis; (c) Transferring, transporting, supplying, or selling medicinal cannabis and related supplies to other cannabis businesses in this state; or (d) Selling cannabis seeds or seedlings to similar entities that are licensed to cultivate cannabis in this state or in any other jurisdiction. (2) A processor licensed under this section shall not possess, process, produce, or manufacture: (a) Raw plant material with a delta-9 tetrahydrocannabinol content of more than thirty-five percent (35%); (b) Medicinal cannabis products intended for oral consumption as an edible, oil, or tincture with more than ten (10) milligrams of delta-9 tetrahydrocannabinol per serving; (c) Any medicinal cannabis product not described in paragraph (a) or (b) of this subsection with a delta-9 tetrahydrocannabinol content of more than seventy percent (70%); or (d) Any medicinal cannabis product that contains vitamin E acetate. Effective: July 1, 2024 History: Created 2023 Ky. Acts ch. 146, sec. 22, effective July 1, 2024. Legislative Research Commission Note (4/17/2024). The effective date of the creation of this statute in 2023 Ky. Acts ch. 146, sec. 22, was changed from January 1, 2025, to July 1, 2024, in 2024 Ky. Acts ch. 195, sec. 24.

KRS 218B.120 Producer and producer agent -- Permissible actions

218B.120. Producer and producer agent -- Permissible actions (1) A producer or producer agent acting on behalf of a producer shall not be subject to prosecution under state or local law, to search or inspection except by the cabinet pursuant to KRS 218B.100, to seizure or penalty in any manner, or be denied any right or privilege, including but not limited to civil penalty or disciplinary action by a court or business licensing board, for acting pursuant to this chapter and the cabinet's administrative regulations for: (a) Acquiring, possessing, planting, cultivating, raising, harvesting, trimming, or storing cannabis seeds, seedlings, plants, or raw plant material; (b) Delivering, transporting, transferring, supplying, or selling raw plant mater ial, medicinal cannabis products, or related supplies to other licensed cannabis businesses in this state; (c) Selling cannabis seeds or seedlings to similar entities that are licensed to cultivate cannabis in this state or in any other jurisdiction; (d) Acquiring or purchasing raw plant material from a cultivator in this state; or (e) Possessing, processing, preparing, manufacturing, manipulating, blending, preparing, or packaging medicinal cannabis. (2) Producers and producer agents acting on behalf of a producer shall: (a) Only deliver raw plant material to a licensed processor, licensed producer, licensed safety compliance facility, or licensed dispensary for fair market value; (b) Only deliver raw plant material to a licensed dispensary, processor, or producer after it has been checked by a safety compliance facility agent for cannabinoid contents and contaminants in accordance with administrative regulations promulgated by the cabinet; (c) Not supply a dispensary with more than the amount of raw plant m aterial reasonably required by a dispensary; and (d) Be limited to an indoor cannabis growth area of fifty thousand (50,000) square feet. (3) A producer licensed under this section shall not possess, process, produce, or manufacture: (a) Raw plant material with a delta-9 tetrahydrocannabinol content of more than thirty-five percent (35%); (b) Medicinal cannabis products intended for oral consump tion as an edible, oil, or tincture with more than ten (10) milligrams of delta -9 tetrahydrocannabinol per serving; (c) Any medicinal cannabis product not described in paragraph (a) or (b) of this subsection with a delta-9 tetrahydrocannabinol content of m ore than seventy percent (70%); or (d) Any medicinal cannabis product that contains vitamin E acetate. Effective: July 1, 2024 History: Created 2023 Ky. Acts ch. 146, sec. 23, effective July 1, 2024. Legislative Research Commission Note (4/17/2024). The effective date of the creation of this statute in 2023 Ky. Acts ch. 146, sec. 23, was changed from January 1, 2025, to July 1, 2024, in 2024 Ky. Acts ch. 195, sec. 24.

KRS 218B.125 Safety compliance facility and safety compliance facility agent -- Permissible actions

218B.125. Safety compliance facility and safety compliance facility agent -- Permissible actions A safety compliance facility or safety compliance facility agent acting on behalf of a safety compliance facility shall not be subject to prosecution, search except by the cabinet pursuant to KRS 218B.100, seizure, or penalty in any manner, or be denied any right or privilege, including but not limited to civil penalty or disciplinary action by a court or business licensing board, for acting in accordance with this chapter and the cabinet's administrative regulations to provide the following services: (1) Acquiring or possessing medicinal cannabis obtained from cardholders or cannabis businesses in this state; (2) Returning the medicinal cannabis to cardholders or cannabis businesses in this state; (3) Transporting medicinal cannabis that was produced by cannabis businesses in this state; (4) The production or sale of approved educational materials related to the use of medicinal cannabis; (5) The production, sale, or transportation of equipment or materials other than medicinal cannabis, including but not limited to lab equipment and packaging materials that are used by cannabis businesses and cardholders, to cardholders or cannabis businesses licensed under this chapter; (6) Testing of medicinal cannabis produced in this state, including testing for cannabinoid content, pesticides, mold, contamination, vitamin E acetate, and other prohibited additives; (7) Training cardholders and cannabis business agents. Training may include but need not be limited to: (a) The safe and efficient cultivation, harvesting, packaging, labeling, and distribution of medicinal cannabis; (b) Security and inventory accountability procedures; and (c) Up-to-date scientific and medical research findings related to use of medicinal cannabis; (8) Receiving compensation for actions allowed under this section; and (9) Engaging in any noncannabis-related business activities that are not otherwise prohibited or restricted by state law. Effective: July 1, 2024 History: Created 2023 Ky. Acts ch. 146, sec. 24, effective July 1, 2024. Legislative Research Commission Note (4/17/2024). The effective date of the creation of this statute in 2023 Ky. Acts ch. 146, sec. 24, was changed from January 1, 2025, to July 1, 2024, in 2024 Ky. Acts ch. 195, sec. 24.

KRS 218B.130 Local government -- Ordinances regulating or prohibiting cannabis -- Establishment of local fees -- City within a county that prohibits cannabis may enact ordinance to approve -- Public question -- Procedures -- Local government to notify cabinet of decision to prohibit cannabis business

218B.130. Local government -- Ordinances regulating or prohibiting cannabis -- Establishment of local fees -- City within a county that prohibits cannabis may enact ordinance to approve -- Public question -- Procedures -- Local government to notify cabinet of decision to prohibit cannabis business (1) For the purposes of this section, "local government" means a city, county, urban- county government, consolidated local government, charter county government, or unified local government. (2) A local government: (a) Prior to the cabinet issuing a license to a cannabis business to conduct business operations within its territory, may: 1. Prohibit all cannabis business operations within its territory through the passage of an ordinance; or 2. Enact resolutions directing that the question of prohibiting cannabis businesses from operating within its territory be submitted to the voters of its territory at the next regular election pursuant to subsection (3)(b) of this section; except as provided in KRS 218B.090(5); and (b) Within whose territory cannabis business operations are permitted, may enact ordinances: 1. That are not less restrictive than this chapter or any administrative regulations promulgated thereunder, relating to the time, place, and manner of cannabis business operations, except that a local government shall not, except as permitted in paragraph (a) of this subsection, enact ordinances that impose an undue burden or make cannabis business operations unreasonable or impractical; and 2. To establish and assess reasonable local fees to compensate for any additional costs caused by the operation of cannabis businesses within its territory. Any fees assessed pursuant to this subparagraph shall not exceed the additional costs caused by the operation of cannabis businesses. (3) (a) If a county, consolidated local government, charter county government, or unified local government prohibits all cannabis business operations, the legislative body of a city located within the county, consolidated local government, charter county government, or unified local government may: 1. Approve cannabis business operations within the limits of the city through the passage of an ordinance; or 2. Enact resolutions directing that the question of allowing cannabis businesses to operate within the limits of the city be submitted to the voters who are eligible to vote in that city's elections at the next regular election pursuant to paragraph (b) of this subsection. (b) If, not later than the second Tuesday in August preceding the day established for a regular election, the county clerk has received a local government resolution pursuant to subsection (2) of this section or paragraph (a) of this subsection, the county clerk shall have prepared to place before the voters of the affected territory at the next regular election the question, which shall be "Are you in favor of the sale of medicinal cannabis at a licensed dispensary and the operation of other cannabis businesses in (affected territory)? Yes....No....". The county clerk shall cause to be published in accordance with KRS Chapter 424, at the same time as the remaining voter information, the full text of the proposal. The county clerk shall cause to be posted in each polling place one (1) copy of the full text of the proposal. (4) If a local government legislative body with jurisdiction prohibits cannabis business operations through the passage of an ordinance, a public question that is initiated by petition and that proposes allowing a cannabis business to operate within the affected territory is authorized. (5) A public question that is initiated by petition and is authorized by subsection (4) of this section shall be submitted to the voters within the affected territory at the next regular election by complying with the following requirements: (a) Before a petition for submission of the proposal may be presented for signatures, an intent to circulate the petition, including a copy of the unsigned petition, shall be filed with the county clerk of the affected territory by a person or group of persons who have been registered to vote in the affected territory for at least the previous twelve (12) months seeking the submission of the public question. The statement of intent shall include the addresses of the person or group of persons and shall specify the person or group of persons, as well as the address, to whom all notices are to be sent. Within ten (10) days after the intent to circulate the petition is filed, the county clerk shall deliver a copy of the intent to circulate the petition, including a copy of the unsigned petition, to the legislative body of the affected territory; (b) The petition shall set out in full the following question: "Are you in favor of overturning the decision of the local government legislative body and allowing the sale of medicinal cannabis at a licensed dispensary and the operation of other cannabis businesses in (affected territory)?"; (c) The petition for the submission of the proposal shall be signed by a number of constitutionally qualified voters of the territory to be affected equal to ten percent (10%) of registered voters for the affected territory; (d) Each signature shall be executed in ink or indelible pencil and shall be followed by the legibly printed name of each voter, followed by the voter's residence address, year of birth, and the correct date upon which the voter's name was signed; (e) No petition for the submission of the proposal shall be circulated for more than six (6) months prior to its filing; (f) After a petition for the submission of the proposal has received no fewer than the number of qualifying signatures required by paragraph (c) of this subsection, the signed petition shall be filed with the county clerk. When it is filed, each sheet of the petition shall have an affidavit executed by the circulator stating that he or she personally circulated the sheet, the number of signatures thereon, that all signatures were affixed in his or her presence, that he or she believes them to be the genuine signatures of registered voters within the affected territory, and that each signer had an opportunity before signing to read the full text of the proposal; (g) No signer of the petition may withdraw his or her name or have it taken from the petition after the petition has been filed. If the name of any person has been placed on the petition for submission of the public question without that person's authority, the person may, at any time prior to certification of sufficiency of the petition by the county clerk as required by paragraph (h) of this subsection, request the removal of his or her name by the county board of elections and, upon proof that the person's name was placed on the petition without his or her authority, the person's name and personal information shall be eliminated, and he or she shall not be counted as a petitioner; (h) Within thirty (30) days after the petition is filed, the county clerk shall complete a certificate as to its sufficiency or, if it is insufficient, specifying the particulars of the insufficiency, and shall send a copy to the person or persons specified in the statement of intent to receive all notices and to the legislative body of the affected territory, all by registered mail. A petition certified insufficient for lack of the required number of valid signatures may be amended once by filing a supplemental petition upon additional sheets within thirty (30) days after receiving the certificate of insufficiency. The supplemental petition shall comply with the requirements applicable to the original petition and, within ten (10) days after it is filed, the county clerk shall complete a certificate as to the sufficiency of the petition as amended and promptly send a copy of the certificate to the person or persons specified to receive all notices and to the legislative body of the affected territory by registered mail; (i) A final determination as to the sufficiency of a petition shall be subject to review in the Circuit Court of the county of the affected territory and shall be limited to the validity of the county clerk's determination. A final determination of insufficiency shall not prejudice the filing of a new petition for the same purpose; and (j) If, not later than the second Tuesday in August preceding the day established for a regular election, the county clerk has certified that a petition is sufficient, the county clerk shall have prepared to place before the voters of the affected territory at the next regular election the question, which shall be "Are you in favor of overturning the decision of the local government legislative body and allowing the sale of medicinal cannabis at a licensed dispensary and the operation of other cannabis businesses in (affected territory)? Yes....No....". The county clerk shall cause to be published in accordance with KRS Chapter 424, at the same time as the remaining voter information, the full text of the proposal. The county clerk shall cause to be posted in each polling place one (1) copy of the full text of the proposal. (6) If the question submitted to the voters under subsection (3) or (5) of this section fails to pass, three (3) years shall elapse before the question of medicinal cannabis sales and cannabis business operations may be included on a regular election ballot for the affected territory. (7) If the question submitted to the voters under subsection (3) or (5) of this section passes, medicinal cannabis sales and cannabis business operations may be conducted in the affected territory, notwithstanding any local government ordinances which prohibit all cannabis business operations within its territory. (8) In circumstances where a county, consolidated local government, charter county government, or unified local government prohibits cannabis business operations but a city within that county, consolidated local government, charter county government, or unified local government approves cannabis business operations either through the adoption of an ordinance or following the affirmative vote of a public question allowing cannabis business operations, then: (a) The cannabis business operations may proceed within the limits of the city; and (b) The county, consolidated local government, charter county government, or unified local government may assess an additional reasonable fee to compensate for any additional corrections impact caused by the approval of cannabis business operations. Any additional fees collected pursuant to this subsection shall not exceed the additional corrections impact caused by the approval of cannabis business operations. (9) In circumstances where neither a city nor the county, urban-county government, consolidated local government, charter county government, or unified local government in which the city is located prohibit cannabis business operations, a cannabis business that is located within the jurisdiction of both the city and the county shall only pay the reasonable established local fees of either the city or the county. The fee shall be established, assessed, collected, and shared between the city and the county, in a manner to be negotiated between the city and the county. (10) The provisions of general election law shall apply to public questions submitted to voters under this section. (11) If a local government elects, pursuant to subsection (2)(a) of this section, to prohibit cannabis business operations within its territory, the local government shall notify the cabinet in writing of its decision to prohibit cannabis business operations within five (5) days after passage of such an ordinance or after the results of a ballot question to prohibit cannabis business operations are certified. Effective: April 17, 2024 History: Amended 2024 Ky. Acts ch. 195, sec. 13, effective April 17, 2024. -- Created 2023 Ky. Acts ch. 146, sec. 25, effective June 29, 2023.

KRS 218B.135 Cabinet to maintain confidential list of cardholders -- Exemptions from Open Records Act -- Certain information not exempt – Penalty

218B.135. Cabinet to maintain confidential list of cardholders -- Exemptions from Open Records Act -- Certain information not exempt – Penalty (1) The cabinet shall maintain a confidential list of the persons to whom the cabinet has issued registry identification cards and their addresses, telephone numbers, and registry identification numbers. (2) The cabinet shall, only at a cardholder’s request, confirm his or her status as a registered qualified patient, visiting qualified patient, or designated c aregiver to a third party, such as a landlord, employer, school, medical professional, or court. (3) The following information received and records kept pursuant to the cabinet's administrative regulations promulgated for purposes of administering this cha pter shall be confidential and exempt from the Open Records Act, KRS 61.870 to 61.884, and shall not be subject to disclosure to any individual or public or private entity, except as necessary for authorized employees of the cabinet to perform official duties pursuant to this chapter: (a) Applications and renewals, their contents, and supporting information submitted by qualified patients, visiting qualified patients, and designated caregivers in compliance with KRS 218B.055, including information regarding their designated caregivers and medicinal cannabis practitioners; (b) The individual names and other information identifying persons to whom the cabinet has issued registry identification cards; (c) Any dispensing information required to be kept under KRS 218B.110 or the cabinet's administrative regulations which shall only identify cardholders by their registry identification numbers and shall not contain names or other personal identifying information; and (d) Any cabinet hard drives or other data-recording media that are no longer in use and that contain cardholder information. These hard drives and other media shall be destroyed after a reasonable time or after the data is otherwise stored. Data subject to this section shall not be combined or linked i n any manner with any other list or database maintained by the cabinet and shall not be used for any purpose not provided for in this chapter. (4) Nothing in this section shall preclude the following: (a) Notification by the cabinet's employees to state or local law enforcement about falsified or fraudulent information submitted to the cabinet or of other apparently criminal violations of this chapter if the employee who suspects that falsified or fraudulent information has been submitted has conferred with his or her supervisor and both agree that circumstances exist that warrant reporting; (b) Notification by the cabinet's employees to a state licensing board if the cabinet has reasonable suspicion to believe a medicinal cannabis practitioner did not have a bona fide practitioner-patient relationship with a patient for whom he or she signed a written certification, if the cabinet has reasonable suspicion to believe the medicinal cannabis practitioner violated the standard of care, or for other suspected violations of this chapter by a medicinal cannabis practitioner; (c) Notification by dispensary agents to the cabinet of a suspected violation or attempted violation of this chapter or the administrative regulations promulgated thereunder; (d) Verification by the cabinet of registry identification cards issued pursuant to KRS 218B.055, 218B.060, and 218B.065; and (e) The submission of the report required by KRS 218B.020 to the General Assembly. (5) It shall be a misdemeanor punishable by up to one hundred eighty (180) days in jail for any person, including an employee or official of the cabinet or another state agency or local government, to knowingly breach the confidentiality of information obtained pursuant to this chapter. Effective: June 29, 2023 History: Created 2023 Ky. Acts ch. 146, sec. 26, effective June 29, 2023.

KRS 218B.140 Electronic monitoring system required capabilities -- Administrative regulations -- Medicinal cannabis adverse drug effects reporting system -- Medicinal Cannabis Advisory Pamphlet

218B.140. Electronic monitoring system required capabilities -- Administrative regulations -- Medicinal cannabis adverse drug effects reporting system -- Medicinal Cannabis Advisory Pamphlet (1) No later than July 1, 2024, the cabinet shall: (a) Ensure that the electronic monitoring system established pursuant to KRS 218A.202 is designed or configured to enable: 1. Medicinal cannabis practitioners to record the issuance of written certifications to qualified patients, as required by KRS 218B.050; 2. The cabinet and state licensing boards to monitor the issuance of written certifications by medicinal cannabis practitioners; 3. Cabinet personnel, law enforcement personnel, and dispensary agents to verify the validity of registry identification cards issu ed by the cabinet by entering a registry identification number to determine whether or not the identification number corresponds with a current, valid registry identification card. The system shall only disclose whether the identification card is valid and whether the cardholder is a registered qualified patient, visiting qualified patient, or designated caregiver; 4. Law enforcement personnel and dispensary agents to access medicinal cannabis sales data recorded by dispensary agents pursuant to KRS 218B.110; 5. Dispensary agents to record the amount of medicinal cannabis that is dispensed to a cardholder during each transaction as required by KRS 218B.110; and 6. The sharing of dispensing data recorded by dispensary agents pursuant to KRS 218B.110 with all dispensaries in real time; (b) Ensure that the electronic monitoring system esta blished pursuant to KRS 218A.202 is designed to facilitate the tracking of medicinal cannabis from the point of cultivation to the point of sale to cardholders; and (c) Promulgate administrative regulations in accordance with KRS Chapter 13A to establish: 1. Procedures for the issuance, renewal, suspension, and revocation of registry identification cards, including the creation of a standardized: a. Written certification form; and b. Application form which the cabinet shall require to be notarized; 2. Procedures for the issuance and revocation of registry identification cards; 3. Procedures for the issuance, renewal, suspension, and revocation of cannabis business licenses, including the creation of a uniform licensure application form which the cabinet shal l require to be notarized and minimal performance standards for a biennial accreditation process with all such procedures subject to the requirements of KRS Chapters 13A and 13B; 4. A convenience fee to be assessed and collected by dispensaries for visiting qualified patients who do not possess a valid registry identification card issued by the cabinet and who purchase medicinal cannabis with an out-of-state registry identification card and documentation of having been diagnosed with a qualifying medical condition. The convenience fee established pursuant to this subparagraph shall not exceed fifteen dollars ($15) per transaction; 5. In collaboration with the Board of Physicians and Advisors: a. A definition of the amount of medicinal cannabis or delta -9 tetrahydrocannabinol that constitutes a daily supply, an uninterrupted ten (10) day supply, and an uninterrupted thirty (30) day supply of medicinal cannabis; and b. The amount of raw plant material that medicinal cannabis products are considered to be equiva lent to; 6. A process by which a medicinal cannabis practitioner may recommend, and a registered qualified patient or his or her designated caregiver may legally purchase and possess, an amount of medicinal cannabis in excess of the thirty (30) day supply of medicinal cannabis, if the medicinal cannabis practitioner reasonably believes that the standard thirty (30) day supply would be insufficient in providing the patient with uninterrupted therapeutic or palliative relief; 7. Provisions governing the following matters related to cannabis businesses with the goal of protecting against diversion and theft, without imposing any undue burden that would make cannabis business operations unreasonable or impractical on cannabis businesses or compromising the confidentiality of cardholders: a. Recordkeeping and inventory control requirements, including the use of the electronic monitoring systems established pursuant to KRS 218A.202; b. Procedures for the verification and validation of a registry identification card, or its equivalent, that was issued pursuant to the laws of another state, district, territory, commonwealth, or insular possession of the United States that allows for the use of medicinal cannabis in the jurisdiction of issuance; c. Security requirements for safety compliance facilities, processors, producers, dispensaries, and cultivators, which shall include at a minimum lighting, video security, alarm requirements, on -site parking, and measures to prevent loitering; d. Procedures for the secure transportation, including delivery services provided by dispensaries, and storage of medicinal cannabis by cannabis business licensees and their employees or agents; e. Employment and training requirements for licensees and their agents, including requiring each licensee to create an identification badge for each of the licensee's agents or employees; and f. Restrictions on visits to licensed cultivation and processing facilities, including requiring the use of visitor logs; 8. Procedures to establish, publish, and annually update a list of varieties of cannabis that possess a low but effective level of tetrahydrocannabinol, including the substance cannabidiol, by comparing percentages of chemical compounds within a given variety against other varieties of cannabis; 9. A rating system that tracks the terpene content of at least the twelve (12) major terpenoids within each strain of cannabis available for medicinal use within the Commonwealth; 10. Requirements for random sample testing of medicinal cannabis to ensure quality control, including testing for cannabinoids, terpenoids, residual solvents, pesticides, poisons, toxins, mold, mildew, insects, bacteria, and any other dangerous adulterant; 11. Requirements for licensed cultivators, producers, and processors to contract with an independent safety compliance facility to test the medicinal cannabis before it is sold at a dispensary. The cabinet may approve the safety compliance facility chosen by a cultivator, producer, or processor and require that the safety compliance facility report test results for a designated quantity of medicinal cannabis to the cultivator, producer, or processor and cabinet; 12. Standards for the operation of safety compliance facilities which may include: a. Requirements for equipment; b. Personnel qualifications; and c. Requiring facilities to be accredited by a relevant certifying entity; 13. Standards for the packaging and labeling of medicinal cannabis sold or distributed by cannabis businesses which shall comply with 15 U.S.C. secs. 1471 to 1476 and shall include: a. Standards for packaging that requires at least a two (2) step process of initial opening; b. A warning label which may include the length of time it typically takes for the product to take effect, how long the effects of the product typically last, and any other information deemed appropriate or necessary by the cabinet; c. The amount of medicinal cannabis the product is considered the equivalent to; d. Disclosing ingredients, possible allergens, and certain bioactive components, including cannabinoids and terpenoids, as determined by the cabinet; e. A nutritional fact panel; f. Opaque, child-resistant packaging; g. A requirement that all raw plant material packaged or sold in this state be marked or labeled as "NOT INTENDED FOR CONSUMPTION BY SMOKING"; h. A requirement that medicinal cannabis products be clearly marked with an identifiable and standardized symbol indicating that the product contains cannabis; i. A requirement that all medicinal cannabis product packaging include an expiration date; and j. A requirement that medicinal cannabis products and their packaging not be visually reminiscent of major brands of edible noncannabis products or otherwise present an attractive nuisance to minors; 14. Health and safety requirements for the processing of medicinal cannabis and the indoor cultivation of medicinal cannabis by licensees; 15. Restrictions on: a. Additives to medicinal cannabis that are toxic, including vitamin E acetate, or increase the likelihood of addiction; and b. Pesticides, fertilizers, and herbicides used during medicinal cannabis cultivation which pose a threat t o human health and safety; 16. Standards for the safe processing of medicinal cannabis products created by extracting or concentrating compounds from raw plant material; 17. Standards for determining the amount of unprocessed raw plant material that medicinal cannabis products are considered the equivalent to; 18. Restrictions on advertising, marketing, and signage in regard to operations or establishments owned by licensees necessary to prevent the targeting of minors; 19. The requirement that evidence -based educational materials regarding dosage and impairment be disseminated to registered qualified patients, visiting qualified patients, and designated caregivers who purchase medicinal cannabis products; 20. Policies governing insurance requirements for cu ltivators, dispensaries, processors, producers, and safety compliance facilities; and 21. Standards, procedures, or restrictions that the cabinet deems necessary to ensure the efficient, transparent, and safe operation of the medicinal cannabis program, except that the cabinet shall not promulgate any administrative regulation that would impose an undue burden or make cannabis business operations unreasonable or impractical. (2) No later than January 1, 2025, the cabinet shall: (a) Establish a medicinal cannabis adverse drug effects reporting system for the purpose of allowing cardholders to report adverse drug effects via telephone or online; and (b) In collaboration with the Board of Physicians and Advisors, produce the Medicinal Cannabis Advisory Pamphlet which shall include but not be limited to: 1. Information on the risks, dangers, and possible side effects of the use of medicinal cannabis; 2. Information on the medicinal cannabis adverse drug effects reporting system and how to report adverse drug effects; and 3. A detachable signature page which shall be: a. Signed by a cardholder each time he or she receives a copy of the Medicinal Cannabis Advisory Pamphlet as required under KRS 218B.110(2)(d); and b. Retained by the dispensary for a period of at least thirty -six (36) months. (3) The cabinet shall provide each licensed dispensary with an adequate number of Medicinal Cannabis Advisory Pamphlets to ensure that the dispensary is able to comply with the requirements of KRS 218B.110(2)(d). (4) Except as provided in KRS 218B.035(1)(g), 218B.095(2)(b), 218.110(2)(e), 218B.115(2), 218B.120(3), and subsection (1)(c)10., 13., 15. , and 16. of this section, the cabinet shall not restrict or limit methods of delivery, use, or consumption of medicinal cannabis or the types of products that may be acquired, produced, processed, possessed, sold, or distributed by a cannabis business. (5) If a need for additional cannabis cultivation in this state is demonstrated by cannabis businesses or the cabinet's own analysis, the cabinet may through the promulgation of administrative regulations increase the cultivation area square footage limits for either cultivators or producers, or both by up to three (3) times the limits established in KRS 218B.105 and 218B.120. Any increase in the cultivation square footage limits adopted by the cabinet pursuant to this section shall not result in an increase in the licensure application or renewal fees established by the cabinet. (6) When promulgating administrative regulations under this section, the cabinet shall consider standards, procedures, and restrictions that have been found to be best practices relative to the use and regulation of medicinal cannabis. Effective: April 17, 2024 History: Amended 2024 Ky. Acts ch. 195, sec. 14, effective April 17, 2024. -- Created 2023 Ky. Acts ch. 146, sec. 27, effective June 29, 2023.

KRS 218B.145 Kentucky Center for Cannabis to make notifications regarding qualifying medical condition to be added

218B.145. Kentucky Center for Cannabis to make notifications regarding qualifying medical condition to be added If the Kentucky Center for Cannabis established in KRS 164.983, or its successor, determines that sufficient scientific data and evidence exist to demonstrate that an individual diagnosed with that specific medical condition or disease is likely to receive medical, therapeutic, or palliative benefits from the use of medicinal cannabis, the center shall notify the cabinet, the Kentucky Board of Medical Licensure, and the Kentucky Board of Nursing of its determination and the specific medical condition or disease shall be considered to be a qualifying medical condition as defined in KRS 218B.010. Effective: June 29, 2023 History: Created 2023 Ky. Acts ch. 146, sec. 28, effective June 29, 2023.

KRS 218B.150 No requirement for reimbursement of medicinal cannabis use

218B.150. No requirement for reimbursement of medicinal cannabis use Nothing in this chapter shall require a government medical assistance program, private health insurer, property and casualty insurance carrier, workers' compensation carrier, or self-funded employer providing workers' compensation benefits to reimburse a person for costs associated with the use of medicinal cannabis. Effective: April 17, 2024 History: Amended 2024 Ky. Acts ch. 195, sec. 15, effective April 17, 2024. -- Created 2023 Ky. Acts ch. 146, sec. 29, effective June 29, 2023.

KRS 218B.155 KRS 138.870 to 138.889 inapplicable to medicinal cannabis in compliance with this chapter

218B.155. KRS 138.870 to 138.889 inapplicable to medicinal cannabis in compliance with this chapter The provisions of KRS 138.870 to 138.889 shall not apply to any individual or entity for: (1) Any amount of medicinal cannabis that is necessary or reasonably necessary for use of a license or registry identification card issued by the cabinet; or (2) Any use of medicinal cannabis that complies with this chapter and any administrative regulations promulgated thereunder. Effective: July 1, 2024 History: Created 2023 Ky. Acts ch. 146, sec. 30, effective July 1, 2024. Legislative Research Commission Note (4/17/2024). The effective date of the creation of this statute in 2023 Ky. Acts ch. 146, sec. 30, was changed from January 1, 2025, to July 1, 2024, in 2024 Ky. Acts ch. 195, sec. 24.

Source: Kentucky Legislative Research Commission (legislature.ky.gov)URL: https://apps.legislature.ky.gov/law/statutes/chapter.aspx?id=53446Fetched: 10/20/2026